In a bail application, the High Court rejected the grant of bail due to the pending trial stage. However, the court directed the trial court to conclude the trial within six months and allowed renewal of the bail prayer if the delay occurred.
Bail rejected; trial concluded within six months; liberty to renew bail prayer if timeline not met.
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. 1501 of 2018
Shaukat Ali Farooque @ Md. S.A. Farooque …… Petitioner Versus The State of Jharkhand …… Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mr. J.N. Upadhyay, Advocate For the State : A P.P For the Informant: Mr. Vikas Kumar, Advocate
9/Dated: 06/02/2019
The petitioner has been made an accused in connection with Mango P.S. Case No. 232 of 2017, corresponding to G.R. No. 2067 of 2017 for the offence under sections 406, 420, 467, 468, 471, 120B/34 of the Indian Penal Code.
Perused the report dated 30.01.2019 submitted by Shri Manish Manikant Pradhan, J.M, Ist Class, East Singhbhum at Jamshedpur which reveals that charges have been framed on 22.12.2017, out of 10 prosecution witnesses, 4 witnesses have been examined and P.W. 5 has been partly crossexamined in this case and proposed time frame for conclusion of trial is 6-7 months.
In view of the matter, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is hereby rejected.
However, the trial court is directed to conclude the trial within six months from the date of receipt/production of a copy of this order.
Liberty is given to the petitioner to renew his prayer for bail, if the trial is not concluded within six months.
Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.)
Satyarthi/-
1 issue framed by the court
Whether bail could be granted to the petitioner given the incomplete trial stage but short proposed timeline.
Shaukat Ali Farooque @ Md. S.A. Farooque
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
