A bail application in a criminal trial was filed by Vikram Sharma. The court noted the petitioner was an absconder since 2010, the charge-sheet was filed then, and he was only apprehended in 2017. Concerning repeat absconding risk, the prayer for bail was rejected.
Prayer for bail rejected; trial directed to conclude at earliest.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7463 of 2017
Vikram Sharma
…. …. Petitioner(s).
Versus
The State of Jharkhand …. …. Opp. Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. Manish Sharma, Advocate For the State : A.P.P.
06/07.02.2018
A report was called for from the trial court about the stage of trial. Report suggests that on 24.4.2010 charge-sheet was filed against the petitioner showing him as an absconder. Since petitioner was an absconder, the case of the other co-accused persons was split up. The petitioner was apprehended on 22.5.2017.
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 452/324/326/307/34/120(B) IPC and Sections 27 of the Arms Act.
Counsel for the petitioner submits that one of the accused persons who faced regular trial, has been acquitted by the trial court. He further submits that the only injury, which had been suffered by the victim, was simple in nature. He further submits that wife of the petitioner is seriously ill and, hence he may be released on bail. Charge-sheet has already been submitted in this case.
After considering the arguments of the parties, I find that petitioner was an absconder and charge-sheet was also submitted in the month of April, 2010 showing him as an absconder. This gives an impression that when the petitioner absconded during investigation and also did not appear before the court after submission of charge-sheet but only was apprehended in May 2017, there is every chance that he may repeat the same during trial. Thus I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Vikram Sharma, in connection with Golmuri (Burmamines) P. S.Case No. 272 of 2008, corresponding to G.R. Case No. 2442 of 2008 (S.T. No. 213(A) of 2011) is hereby rejected.
-2-
Since petitioner has been charged, the trial court is directed to take all possible steps so that trial be concluded at the earliest.
(ANANDA SEN , J)
anjali/ C.P 3
3 issues framed by the court
Whether bail should be granted to an accused who was an absconder with pending trial after long delay and only apprehended recently.
Whether the illness of the petitioner's wife is a relevant ground to grant bail in a serious offence case.
Whether the trial court was directed to expedite the trial concluding at the earliest.
2 provisions across 2 enactments
Vikram Sharma
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
