An accused seeking regular bail for alleged murder and arms offences was heard. The court refused to reconsider the prayer after two prior rejections on merit despite the length of custody, dismissing the application.
Prayer for regular bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 3569 of 2019
Mangal Hansda
….. Petitioner
Versus The State of Jharkhand ….. Opposite Party
----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR
----For the Petitioner: Mr. R. R. S. Singh For the State: Mr. H. P. Singh, A.P.P -----
05/02.08.2019 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Sections 302/34 IPC and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the bail applications of the petitioner were earlier rejected twice by this Court. By way of present bail application, the petitioner has renewed his prayer for bail primarily on the ground that the petitioner is in judicial custody since 25.11.2015 and the trial has not yet been concluded. It is further submitted that though the major witnesses have already been examined in the trial, yet the official witnesses i.e. I.O and the doctor are yet to be examined. As such, at least considering the length of judicial custody, the petitioner may be given the privilege of regular bail.
Learned A.P.P opposes the petitioner’s prayer for bail.
Considering the fact that the bail applications of the petitioner were earlier rejected twice by this Court on merit and the trial is at crucial stage, I am not inclined to reconsider the petitioner’s prayer for bail.
Accordingly, the prayer for bail of the above named petitioner is rejected.
(RAJESH SHANKAR, J)
Satish/-
2 issues framed by the court
Whether bail should be granted to an accused facing trial for murder for the second time after prior rejections.
Whether prolonged judicial custody justifies granting regular bail at the crucial stage of trial.
2 provisions across 2 enactments
Mangal Hansda
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
