Allowed

Prakash Oraon v. The State Of Jharkhand

Jharkhand HC7 Sept 2012B.A./4726/2012

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to the petitioner, who was an accused in a case under IPC 302, after over two years of custody. The court noted the trial was nearly complete and allowed release on a bond with conditions regarding sureties and monthly court appearances.

What did the court decide?

Petitioner released on bail with a bond of Rs. 10,000 and two sureties of the like amount each, subject to conditions including monthly appearance.

Prakash Oraon Vs The State Of Jharkhand — Bail and Remand | Jharkhand HC (2012)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4726 of 2012

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Prakash Oraon ... ... ... .. ... ... Petitioner --Versus-- State of Jharkhand ... ... ... ... ... Opp.Parties

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CORAM : HON'BLE MRS. JUSTICE JAYA ROY

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--- For the Petitioner : Mr. Mohit Prakash, Advocate For the State : APP ---

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06 / 07.09.2012 Heard the counsel for the petitioner and the counsel for the State. The petitioner is an accused in this case registered under Sections 302/34 of the I.P.C. and under Section 3/4/5 of Witchcraft Act, pending in the court of District and Sessions Judge, I, Gumla.

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Counsel for the petitioner has submitted that earlier the prayer for bail of the present petitioner was rejected by this Court twice, lastly on 21.10.2011. Counsel for the petitioner has further submitted that in the last order i.e. order dated 21.10.2011 passed in B.A. No.5647 of 2011, the trial court was directed to conclude the trial as early as possible within a period of six months from the date of the aforesaid order. He has further contended that the report regarding the stage of trial has come which shows that only four witnesses have been examined by the prosecution and the last witness was examined on 20.1.2011, thereafter, the prosecution has not produced any witness for examination till date. It is also submitted that the petitioner is in custody from 30.10.2009 i.e. more than two years and ten months. It is also submitted that four witnesses examined by the petitioner have been declared hostile by the prosecution.

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Counsel for the State opposed but not disputed the aforesaid submissions made by the counsel for the petitioner.

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Considering all these aspects and also considering the custody of the petitioner, I direct the petitioner namely Prakash Oraon to be released on bail, on furnishing bail bond of Rs.10,000/- (Rs.Ten Thousand), with two sureties of the like amount each, to the satisfaction of the court below /District and Sessions Judge, I, Gumla, in connection with Sisai P.S. Case No. 100 of 2009 ( G.R.No.628 of 2009, S.T. No.347 of 2009), subject to the conditions that one of the bailors will be local resident having immovable property within the jurisdiction of the district concerned and subject to the condition that the petitioner will appear before the trial court once in a month on the date fixed for trial till the conclusion of the trial.

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( Jaya Roy, J. )

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SI/

Prakash Oraon v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Prakash Oraon v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

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