High Court of Jharkhand allowed bail application for a petitioner in custody for nearly two years, directing the trial court to enlarge him on bail with a bond and sureties.
Directed court below to enlarge petitioner on bail on furnishing bond of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 6394 of 2016
Sanjay Bhuian son of Viku Bhuiyan, resident of Village-Akhra, P.O. & P.S.- Barwadih, District-Latehar ... ....Petitioner
Vs.
The State of Jharkhand ....Opposite Party
CORAM: HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner: Mr. Ram Prakash Singh For the State: Mr. Abhay Kumar Tiwari, APP
3/17.09.2016: Heard both the counsels.
Learned counsel for the petitioner has pointed out from the order that charge was framed as early as on 20.4.2015 and after that despite summons and warrant, no witnesses are turning up out of the four charge sheet witnesses, so the trial is unnecessarily being delayed as per the impugned order. Moreover, he has said that though the allegations are serious, he has been in custody from 23.09.2014 and still in custody till date, which is almost two years.
Learned counsel for the State has opposed the bail application and has submitted that there is direct allegation of heinous offence made by Tangi on the deceased and that the assault was made on the neck, face and back which resulted in death of deceased. Therefore, the petitioner does not deserve bail.
Having heard counsels for both the side; having gone through the records of the case and in the facts and circumstances of the case, I direct the court below to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 20,000/- ( Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Latehar in connection with Barwadih P.S. Case No. 62 of 2014 ( G.R. No. 717 of 2014. S.T. No.30 of 2015), with condition that petitioner will attend the court below on each and every date, unless dispensed with by the trial court.
( Ratnaker Bhengra,J.)
Sharda/-
1 issue framed by the court
Whether bail should be granted to the petitioner who has been in custody for nearly two years in a case involving heinous offence?
Sanjay Bhuian
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
