Single bench of Jharkhand High Court rejected the petitioner's renewed bail prayer in a POCSO case where the previous rejection was accepted as justified based on victim testimony and length of custody.
Bail prayer rejected. Petitioner remains in custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9265 of 2020
Roushan Karmali @ Roshan Karmali.…...... Petitioner Versus
State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen Through:-Video Conferencing
…… For the Petitioner : Md. Zaid Ahmad, Advocate For the State : Mr. Anjani Kr. Toppo, A.P.P.
3/04.12.2020 The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.
Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail of the petitioner.
The petitioner is an accused for allegedly committing offence punishable under Sections 354 of the Indian Penal Code and Section 8 of POCSO Act, in connection with Special POCSO Case No. 08 of 2018 [Patratu (Bhurkunda) P.S. Case No.131/2018, G.R. No. 551/2018], pending in the court of Additional Sessions Judge-I, Ramgarh.
Prayer for bail of this petitioner was earlier rejected by this Court on merits. Now, the petitioner has renewed his prayer for bail on the ground of custody, which is for more than two and a half years.
The victim has been examined. She is a girl aged about 10 years and she fully supported the prosecution case.
Considering the aforesaid fact, I am not inclined to reconsider the prayer for bail of this petitioner. Accordingly, the same is hereby rejected again.
( Ananda Sen, J )
Mukund/-cp.3
1 issue framed by the court
Whether the prayer for bail, previously rejected on merits after nearly three years of custody, should be reconsidered.
Roushan Karmali @ Roshan Karmali
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
