This High Court disposed of the third bail application filed by Gulshan, charged with murder and unlawful assembly under Sections 302 and 147-149 IPC. The Court granted bail subject to an order directing the trial court to complete the trial expediently within 45 days.
Bail granted; direction to trial court to conclude trial within 45 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6105 of 2016
Gulshan, S/o Gopal Tripathi, aged about 19 years, R/o Ward No.15, Manendragarh, Police Station Manendragarh, Civil & Revenue District Korea (CG).
---- Applicant
Versus
State of Chhattisgarh, through Station House Officer, Police Station Manendragarh, District Korea (CG).
---- Non-applicant
For Applicant : Shri Satish Chandra Verma, Advocate For Non-applicant: Shri Om Prakash Sahu, G.A.
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
22/09/2016
(2) This is third bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.319/2014 registered at Police Station Manendragarh, District Korea, for the offence punishable under Sections 147, 148, 149, 302 of the Indian Penal Code.
(3) The first and second bail applications of the applicant were dismissed on merit by orders of this Court dated 11.05.2015 & 01.02.2016 passed in M.Cr.C.No.1874/2015 & M.Cr.C.No.781/2016, respectively.
2
(4) After hearing learned counsel for the parties, taking into consideration the facts and circumstances of the case, nature and gravity of the offence and the fact that trial is on advance stage and only two material prosecution witnesses are yet to be examined, therefore, the bail application is disposed off with a direction to trial Court to expedite the trial and conclude the same expeditiously preferably within a period of 45 days from the date of receipt of certified copy of this order.
Sd/- (Sanjay K. Agrawal) Judge
L/-
2 issues framed by the court
Whether bail should be granted to the applicant in the third bail application given the gravity of the offence and the stage of trial.
Whether the trial court should expedite the trial to avoid prolonged incarceration.
1 provisions across 1 enactments
Gulshan
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
