In a bail petition by an accused long in custody for murder and arms offences, the High Court granted bail pending trial, fixing a bond of Rs.10,000 and sureties, based on the duration of detention and incomplete trial.
Petitioner to be enlarged on bail by furnishing Rs.10,000 bond with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
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B.A. No.1358 of 2016
---- Bimal Oraon @ Bimal Bhagat @ Vimal Uraon …Petitioner. Versus
State of Jharkhand …Opp.Party
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
--------- For the Petitioner : M/s. Gaurav, Advocate. For the State : APP. ---------
04/12.08.2016 The petitioner is an accused for the offence registered under Sections 302/34 IPC and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that petitioner has been made an accused only on the basis of a written note which was found near the dead body bearing the name of this petitioner. It is submitted that the signature on the above note has not been verified. That other co-accused who had faced the trial had been acquitted in S.T.NO.620 of 2006/284 of 2008 by the Addl. Judicial Commissioner F.T.C, Khunti and in support of the same certified copy of the said judgment has been filed. That the petitioner is in custody since 26.07.2007. That the trial has not been concluded as yet and no witness has been examined till date.
Learned counsel for the State has opposed
the prayer..
Heard. Considering the fact that petitioner is in custody since more than eight years, petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-I, Khunti in connection with S.T.NO.285/2013 on the condition that he shall be present in the court below as and when directed till the conclusion of the tiral.
(Amitav K. Gupta, J.)
Biswas.
2 issues framed by the court
Whether the petitioner, an accused in custody for over eight years, should be granted bail.
Whether the pending trial warrants enlargement on bail given the lack of concluded proceedings.
2 provisions across 2 enactments
Bimal Oraon
State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
