The High Court released the petitioner on regular bail in a murder case (IPC 302/307/323/34) despite two earlier rejections, noting delay in trial and bail granted to similarly situated accused, directing a bond with sureties.
Petitioner released on bail with a bond of Rs. 10,000/- and two sureties of like amount each.
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. 5376 of 2018
Amit Kumar Singh … … Petitioner
Versus
The State of Jharkhand ... … Opposite Party
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. B.M. Tripathi, Sr. Advocate Mr. Navin Kumar Jaiswal, Advocate Mrs. Nutan Kumari Sharma, Advocate For the State : Mrs. Lily Sahay, A.P.P. -----
02/13.07.2018 Heard the learned counsel for the parties.
The petitioner is an accused in a case registered under Sections 302/307/323/34 of the Indian Penal Code.
The learned Senior Counsel for the petitioner submits that the bail applications of the petitioner were earlier rejected twice by this Court firstly, vide order dated 07.04.2017 in B.A. No. 1712 of 2017 and secondly, vide order dated 02.02.2018 in B.A. No. 4539 of 2017. By way of present bail application, the petitioner has renewed his prayer for regular bail. It is further submitted that similarly situated accused persons namely, Shera Sharma @ Arjun Sharma and Rajesh Kumar Sao have been granted bail by co-ordinate Benches of this Court vide order dated 09.05.2018 in B.A. No. 2022 of 2018 and vide order dated 22.06.2018 in B.A. No. 4392 of 2018 respectively. The petitioner is in judicial custody since 03.11.2016. Despite the order of this Court, there has been no positive progress in the trial and, therefore, the petitioner may be given the privilege of regular bail.
The learned A.P.P. opposes the petitioner’s prayer for bail.
Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner above named is directed to be released on bail on his 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 Judicial Commissioner-VII, Ranchi in connection with S.T. No. 129 of 2017, arising out of Kotwali P.S. Case No. 346 of 2016, corresponding to G.R. No. 6203 of 2016, subject to the condition that the petitioner shall co-operate in the trial and shall be physically present before the trial court as and when his presence is required, failing which the trial court shall be at liberty to pass appropriate order in accordance with law.
(Rajesh Shankar, J.)
Manish
2 issues framed by the court
Whether the petitioner, an accused in a murder case whose bail was earlier rejected, is entitled to regular bail considering the delay in trial and bail granted to similarly situated accused.
Whether the petitioner should be released on bail subject to cooperation in the trial.
Amit Kumar Singh
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
