The High Court of Jharkhand directed the release of the petitioner on bail in a murder case due to prolonged custody, directing the trial court to conclude the trial within one year.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties; trial court directed to conclude trial within one year.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5096 of 2012
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Ganesh Ghosh @ Khugli Ganesh ... ... Petitioner --Versus--
State of Jharkhand ... ... ... ... ... Opp.Party
CORAM : HON'BLE MRS. JUSTICE JAYA ROY
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For the Petitioner : Mr. B.M.Tripathy, Sr.Advocate
Mr. Navin Kr. Jaiswal, Advocate For the State : APP ---
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 364/34 of the I.P.C. and subsequently Section 302/201 of the I.P.C. was added, pending in the court of 1st Additional Sessions Judge, Jamshedpur.
Counsel for the petitioner has submitted that earlier the prayer for bail of the petitioner has been rejected by this Court twice and lastly on 23.7.2010 i.e. two years earlier. He has further submitted that though the direction was given to the trial court to conclude the trial as early as possible, but till date, the trial has not been concluded. He has further contended that the petitioner is in custody from 24.4.2008 i.e. more than four years.
Counsel for the State has opposed but not disputed the period of custody of the petitioner.
Considering the period of custody of the petitioner, the petitioner namely Ganesh Ghosh @ Khugli Ganesh is directed 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 /1st Additional Sessions Judge, Jamshedpur, in connection with Bistupur P.S. Case No.103/2008, corresponding to G.R. No.897 of 2008 (S.T.No.290 of 2008), 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.
However, the trial court is directed to conclude the trial as early as possible preferably within one year from the date of the receipt of this order.
( Jaya Roy, J. )
SI/
2 issues framed by the court
Whether the petitioner should be released on bail given the prolonged custody period.
Whether the trial court should be directed to conclude the trial early.
Ganesh Ghosh @ Khugli Ganesh
State of Jharkhand
Jaya Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
