The High Court of Jharkhand rejected the petitioner's third bail application, noting the trial would take at least a year despite prior identification of the petitioner and recovery of looted articles, allowing renewal if the trial concludes late.
Application for bail rejected; liberty to renew if trial is not concluded within one year.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9720 of 2011
Mahendar Rabidas
…..Petitioner
Versus
The State of Jharkhand ….Opposite Party
Coram: HON’BLE MR. JUSTICE R.R. PRASAD
For the Petitioner : Mrs. Vani Kumari, Advocate For the State : APP
08/07.09.2012 This is the third occasion when the application for bail has been filed. Earlier, prayer for bail of this petitioner had been rejected taking into account that petitioner had been identified by the witnesses and some looted articles had been recovered from the possession of the petitioner.
However, when this bail application was filed, a report was called for about the stage of the trial and expected time to be consumed in conclusion of the trial.
Now a report has been received from the court below on 29.02.2012, wherein it has been reported that at least one year would be consumed in conclusion of the trial.
In such view of the matter, I am not inclined to grant bail to the petitioner at this stage and hence his prayer for bail is hereby rejected.
However, the petitioner would be at liberty to renew his prayer for bail, if the trial is not concluded within the time as stipulated in the report submitted by the court below.
( R.R. Prasad, J )
Rakesh/
1 issue framed by the court
Whether bail should be granted to the petitioner considering the expected duration of the trial exceeding one year.
Mahendar Rabidas
The State of Jharkhand
R.R. Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
