Bail application by an accused in a Section 307 IPC case arising from enmity was rejected. However, the High Court directed the trial court to expedite the trial to conclude by August 2017, allowing bail renewal based on trial evidence thereafter.
Bail application rejected; trial to be concluded by August 2017; liberty to renew bail prayer after trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7104 of 2016
Mahabir Munda …… Petitioner Versus State of Jharkhand …… Opposite Party
--------- CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner : Mr. Asmita Shrivastava, Advocate For the State : A.P.P.
06 / 03.10.2016 Heard learned counsel appearing for the petitioner and learned A.P.P., appearing for the State.
Petitioner is accused in connection with S.T. No.253 of 2016 arising out of Tamar P.S. Case No.20 of 2016 corresponding to G.R. Case No.878 of 2016 for the offence registered under Section 307 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of learned Judicial Commissioner, Ranchi.
Learned counsel has submitted that the petitioner has been implicated on account of old enmity. It is admitted in the F.I.R. that the informant and the petitioner were on inimical terms. That there is no allegation of repetitive firing hence the offence under Section 307 of the Indian Penal Code is not attracted.
Learned A.P.P. has opposed the bail and submitted that the informant has named this petitioner and the witnesses in paras 6, 7, 8 and 14 have also supported the fact that this petitioner had caused gun shot injury to the informant and the injury was found to be grievous in nature.
Heard. In the facts and circumstances, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail stands rejected.
However, the learned trial court is directed to expedite the trial and conclude it by August, 2017 failing which the petitioner is at liberty to renew the prayer for bail in the court below and the court below shall consider the prayer for bail and pass necessary orders on the basis of the evidence adduced during the trial.
(Amitav K. Gupta, J.)
NKC
1 issue framed by the court
Whether the petitioner accused under Sections 307 IPC and Section 27 of the Arms Act deserves bail.
Mahabir Munda
State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
