Bail application in a dacoity case rejected as the trial is in an advance stage with witnesses examined, citing precedent on timing of bail hearings.
Bail application was dismissed and not entertained.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5383 of 2017
Jafruddin Ansari @ Bhermurwa son of Late Mohammed Mian resident of Nenuwasar Ghotari, PO & PS- Simultalla, District-Jamui, Bihar ... Petitioner
-Versus-
The State of Jharkhand ….... Opposite Party
-----CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Lalit Yadav, Adv. For the State : Mr. Sanjay Kumar Srivastava, APP -----
06/13.09.2017 Heard the learned counsels appearing for the parties and perused the documents on record.
Petitioner has been made an accused in Sarath P.S. Case No. 198 of 2012 which was registered for the offences under Sections 395/397/412 I.P.C.
It is submitted that in the First Information Report the petitioner was not named as an accused and allegation is against 15-16 dacoits. The petitioner is in judicial custody since 25.12.2012 and considering the period of custody, he may be released on bail.
Mr. Sanjay Kumar Srivastava, the learned APP opposing the prayer for grant of bail submits that witnesses including the informant have identified the petitioner as one of the dacoits.
Order dated 02.05.2017 by which application for bail in S.T. No.224 of 2013 was declined, records that out of 14 witnesses 09 have already been examined. Considering the advance stage of trial in S.T. No.224 of 2013 it would not be proper for this Court to entertain the instant bail application [refer,“Kalyan Chandra Sarkar Vrs. Rajesh Ranjan Alias Pappu Yadav and Another” reported in (2004) 7 SCC 528], and accordingly, it is dismissed.
(Shree Chandrashekhar, J.)
sudhir
2 issues framed by the court
Whether the bail application should be entertained given the advanced stage of trial.
Whether the petitioner should be released on bail considering the period of judicial custody.
Colour shows how this judgement treated each authority
Kalyan Chandra Sarkar Vrs. Rajesh Ranjan Alias Pappu Yadav and AnotherReferred¶12
Kalyan Chandra Sarkar Vrs. Rajesh Ranjan Alias Pappu Yadav and Another (2004) 7 SCC 528 · Who else cites this
Jafruddin Ansari @ Bhermurwa
The State of Jharkhand
SHREE CHANDRASHEKHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
