Petitioner, in custody since 2018 for allegedly causing death via a tangi blow, sought bail in a BA petition. The court rejected the bail prayer despite sparse trial progress, citing the specific gravity of the allegations, and remanded the trial court to conclude the trial within nine months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11824 of 2021
Ratan Mahto ... … Petitioner
Versus
The State of Jharkhand ... … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. A.K. Sahani, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P.
02/09.12.2021 Heard Mr. A.K. Sahani, learned counsel for the petitioner and Mr. Abhay Kr. Tiwari, learned A.P.P. for the State.
Defect no. 9(i) as pointed out by the office is ignored.
The prayer for bail of the petitioner was twice rejected earlier in B.A. No. 10933 of 2019 and B.A. No. 4764 of 2020. It has been submitted by the learned counsel for the petitioner that there has been no progress in the trial as out of eight charge-sheet witnesses only three witnesses have been examined so far. It has further been submitted that the petitioner is in custody since 04.08.2018.
However, regard being had to the specific nature of allegations levelled against the petitioner as he has been attributed to have given a tangi blow on the head of the father of the informant which resulted in his death, I am not inclined to reconsider the prayer for bail of the petitioner which stands rejected once again.
However, the learned trial court is directed to expedite the trial and conclude the same preferably within a period of nine months from today.
Let a copy of this order be sent through “FAX” to the concerned court.
(R. Mukhopadhyay, J.)
Alok/-
1 issue framed by the court
Whether bail should be granted in an offence involving death caused by a tangi blow to the head.
Ratan Mahto
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
