The High Court of Jharkhand rejected the petitioner's prayer for anticipatory bail in a POCSO case. The court directed the trial court to conclude the trial within two months, allowing the petitioner to renew the bail application only if the trial is delayed.
Prayer for anticipatory bail rejected; Trial court directed to conclude trial within two months.
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. 79 of 2019
Dipak Sao @ Deepak Sao ….. Petitioner Versus The State of Jharkhand ….. Opp. Party -----
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
----- For the Petitioner : Mr. Arpit Kumar, Advocate For the State : A.P.P -----
03 /Dated: 21/02/2019
The petitioner has been made accused for the offence under Sections 363,366A of the Indian Penal Code and section 4,8 of POCSO Act.
Pursuant to order dated 22.01.2019, District & Addl. Sessions Judge-I, Koderma submitted report dated 05.02.2019, which reveals that the charge has been framed on 13.07.2018, total 10 witnesses have been examined and 04 witnessed are yet to be examined. It further reveals that the expected time for conclusion of trial is 02 months.
In view of the aforesaid report, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, prayer for anticipatory bail of the petitioner is, hereby, rejected .
However, the trial court is directed to conclude the trial within 02 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 after two month, if the trial is not concluded within the stipulated period.
Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.)
Raman /-
2 issues framed by the court
Whether anticipatory bail should be granted during the pendency of the trial given the trial court's report on witness examination.
Whether the trial court is directed to conclude the trial within a specified timeframe to enable future bail application.
3 provisions across 3 enactments
Dipak Sao @ Deepak Sao
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
