Petitioner challenged bail in an alleged murder case under Sections 302 and 34 IPC, citing prosecution delay. Court rejected prayer for bail as IO and Medical Officer yet to be examined, directing trial conclusion.
Prayer for bail is rejected; direction issued to conclude trial at earliest.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4460 of 2018
Md. Ejaj Khan …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----FOR THE PETITIONER(S) : Mr. A.K. Chaturvedy, Advocate FOR THE STATE : A.P.P. ------
05/03.10.2018
Pursuant to the order dated 26.9.2018 passed in B. A. No. 5174 of 2018, the Director Prosecution is personally present today in Court. He undertakes that he will take appropriate steps and will regularly monitor the prosecution and will try to minimize the delay in production of the witnesses and he will work in coordination with the police department.
In view of the assurance given by the Director, Prosecution, Jharkhand, Ranchi, no further order needs be passed in this matter. The personal appearance of the Director, Prosecution is hereby dispensed with.
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 302 and 34 of the IPC.
In view of the allegation levelled in the FIR and also taking into consideration the fact that Investigating Officer and Doctor are yet to be examined in this case, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer of the bail of the petitioner in connection with Chandwa P.S. Case No. 176 of 2013, corresponding to G.R. No. 768 of 2013, (S.T. No. 75 of 2014), pending in the court of learned Additional Sessions Judge-II, Latehar stands rejected.
Director, Prosecution and Investigating Officer, Latehar are directed to ensure that the trial is concluded at the earliest.
Let a copy of this order be handed over to the Advocate General.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether bail should be granted to the petitioner who is an accused for allegedly committing offences under Sections 302 and 34 of the IPC.
Md. Ejaj Khan
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
