Petitioner's bail prayer was rejected again despite an interim submission of compromise, due to the non-compoundable nature of the rape offence and the victim’s categorical statement. Court ordered expedited trial.
Bail prayer rejected; trial directed to be expedited.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 13485 of 2021
Deepak Paswan @ Dipak Paswan ... … Petitioner
Versus
State of Jharkhand ... … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing
For the Petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mr. Someshwar Roy, A.P.P.
02/15.12.2021 Heard Mr. Pankaj Srivastava, learned counsel for the petitioner and Mr. Someshwar Roy, learned A.P.P. for the State.
Defects as pointed out by the office are ignored.
The prayer for bail of the petitioner was earlier rejected in B.A. No. 5239 of 2021.
It has been submitted by the learned counsel for the petitioner that the matter has been compromised between the parties.
However, the said compromise would not lead this Court to reconsider the prayer for bail of the petitioner considering the nature of offence which is non-compoundable and the fact that the victim in her 164 Cr.P.C. statement had categorically disclosed that she was subjected to rape by the petitioner.
Regard being had to the above, I am not inclined to reconsider the prayer for bail of the petitioner. The same is hereby rejected once again.
However, the trial may be expedited.
(R. Mukhopadhyay, J.)
Alok/-
2 issues framed by the court
Whether the court should reconsider the bail prayer despite the matter being compromised between the parties.
Whether the non-compoundable nature of the offence and the victim's disclosure of rape affect the bail decision despite a compromise.
Deepak Paswan @ Dipak Paswan
State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
