Petitioner, an accused in a double murder case where he was absconding, sought bail. The High Court rejected the bail application and directed the trial court to speed up proceedings.
Bail prayer rejected; trial directed to be speeded up; monitoring by Principal District & Sessions Judge ordered.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 604 of 2015
Babulal Modi
Petitioner
Versus
The State of Jharkhand
…… Opposite Party
--------- CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY
For the Petitioner : Mr. Achinto Sen, Advocate For the State : A.P.P.
Order No.02 Dated : 17th April, 2015
Heard learned counsel for the parties.
The petitioner is accused in connection with S.T. No.396A/08, arising out of Barhi P.S. Case No.160 of 2006 corresponding to G.R. No.2112 of 2006, pending in the Court of learned 3rd Additional Sessions Judge, Hazaribagh.
It is a case of double murder. The accused persons including the petitioner were in ambush and they branded the victims as witch and killed them. The case was instituted on 25.07.2006 whereafter the petitioner was absconding and he has appeared only in the year 2013.
It is submitted that progress of the trial is slow. There is omnibus allegation against all the accused. One of the co-accused namely Tiko Modi has been granted bail considering old age.
Learned counsel appearing for the State has opposed the prayer for bail and submitted that prayer for bail made on behalf of this petitioner has twice been rejected by this Court vide B.A. No. 3326 of 2014 and B.A. No.3938 of 2013.
Considering the allegation, I do not feel inclined to release the petitioner on bail. Accordingly, the prayer for bail made on behalf of above named petitioner stands rejected.
However, the trial Court is directed to speed up the trial by taking all coercive steps to secure attendance of witnesses. It is ordered that the learned Principal District & Sessions Judge shall personally monitor the matter and ensure that case should not remain for trial in any vacant Court.
(D. N. Upadhyay, J.)
NKC
2 issues framed by the court
Whether the petitioner should be granted bail.
Whether the trial court must expedite the proceedings.
Babulal Modi
The State of Jharkhand
D.N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
