The High Court of Jharkhand rejected a fresh bail application for appellant no. 2, citing three prior rejections and lack of new material. However, due to 13 years of detention, the court listed the main criminal appeal for hearing.
Bail application rejected; criminal appeal listed for hearing.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No. 1787 of 2004
The State of Jharkhand ...
... … Respondent.
CORAM : HON’BLE MR.JUSTICE R.R.PRASAD : HON'BLE MR. JUSTICE AMITAV K. GUPTA
-----For the Appellants : Mr. H.K.Mahto, Advocate. For the State : A.P.P.
Order No.12 Dated: 2nd September, 2014 I.A.NO.8104/2013
Heard learned counsel appearing for the appellants and learned counsel appearing for the State on I.A.NO.8104/2013 wherein prayer has been made to admit the appellant no.2Manohar Mahto @ Manohar Yadav on bail.
Having heard learned counsel appearing for the parties, we do not find any fresh material for reconsideration of prayer for bail of the appellant whose prayer for bail had earlier been rejected thrice by this Court taking into account the evidence to the effect that the appellant did assault the deceased as result of which the deceased died.
Accordingly, the prayer for bail of this appellant is hereby rejected.
However, keeping in view the long detention of the appellant of 13 years we do feel that the appeal itself be listed for hearing. Accordingly, list this case for hearing as per the seriatum of the age of the custody.
I.A.NO.8104/2013 stands disposed of.
(R. R.Prasad, J.)
(Amitav K. Gupta, J.)
Biswas/-
3 issues framed by the court
Whether bail should be granted to appellant no. 2 considering fresh material or long detention?
Whether the criminal appeal should be listed for hearing given the long period of detention?
Whether the interim application for bail admission stands accepted or rejected based on prior rejections?
Suva Mahto @ Subba Yadav
Manohar Mahto @ Manohar Yadav
Gaya Mahto @ Gaya Yadav
The State of Jharkhand
R. R. Prasad
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
