The High Court of Jharkhand granted bail to the petitioner accused of robbery and theft, based on the significant delay in concluding the trial where a single witness had not been examined.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties.
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 B.A. No. 3265 of 2018
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Naresh Murmu … Petitioner -versusThe State of Jharkhand … Opposite Party ---CORAM : HON’BLE MR. JUSTICE ANANDA SEN ---For the Petitioner : Mr. Niranjan Singh, Advocate For the State : Mr. Asif Khan, A.P.P.
6/ 25.09.2018 Heard learned counsel for the parties.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner.
Petitioner is accused for allegedly committing the offence punishable under Sections 395/397/412 of the Indian Penal Code, in connection with Tundi Police Station Case No.50 of 2016 (G.R. No.2912 of 2016) corresponding to Session Trial No.460 of 2016, pending in the Court of learned Additional Sessions Judge XIV, Dhanbad.
Case of the petitioner was earlier rejected on 06.10.2017 with a direction to the Trial Court to conclude the trial within six months from the date of receipt of a copy of the order. Report suggests that till date not a single witness has been examined though charge was framed on 04.02.2017.
In view of the aforesaid position, I am inclined to release the petitioner on bail. Accordingly, petitioner, namely, Naresh Murmu, is directed to be released on bail on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XIV, Dhanbad in connection with Tundi Police Station Case No.50 of 2016 (G.R. No.2912 of 2016) corresponding to Session Trial No.460 of 2016.
Kumar/Cp-03
2 issues framed by the court
Whether the petitioner is entitled to bail considering the inordinate delay in concluding the trial despite the charge being framed.
Whether the advance report indicating no witnesses examined warrants granting bail.
Naresh Murmu
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
