Sandeep v. the State of Jharkhand
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COURT OF JHARKHAND AT RANCHI (Criminal…
COURT OF JHARKHAND AT RANCHI (Criminal…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction) Cr.M.P. No. 1486 of 2020
Sandeep
….. Petitioner
Versus
The State of Jharkhand
….. Opposite Party
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)
For the Petitioner : Mr. Sahja Nand Saraswati, Advocate. For the Opposite Party : Mr. Shekhar Sinha, P.P. ---------
09/Dated: 01/10/2021
Heard, learned counsel for the State, Mr. Shekhar Sinha, P.P.
It appears that pursuant to the order dated 25.09.2020, this Court has observed regarding scheme framed by the Government to prevent misuse of privilege of bail by an accused who is resident of different State far from Jharkhand and if his bailors who belong to that State; whether the trial will hamper or not?
It appears that when the matter was listed on 27.11.2020, order dated 25.09.2020 was not complied with by the Home Secretary, Government of Jharkhand, Ranchi and upon which three weeks' more time was allowed for compliance of order dated 25.09.2020. Thereafter, on 22.01.2021 again time was sought for on behalf of State for four weeks. Thereafter, the matter was again listed on 26.02.2021, where also the State has prayed for time of three months, which was also allowed.
Thereafter, the matter was again listed on 03.09.2021, it has been observed that even after filing of the affidavit by the Home Secretary, Government of Jharkhand on 04.02.2021, the S.O.P. (Standard Operation Procedures) could not be developed and some more time was prayed and then two weeks' time was granted.
Today, learned counsel for the State, Mr. Shekhar Sinha, P.P. has submitted that affidavit has been filed on behalf of the Department of Home, Prison and Disaster Management through under Secretary wherein at para-12 it has been stated that 'after demo as aforesaid is performed and after examination of its feasibility a final shape may be given after certain formalities as per
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the extant procedure and entire exercise may take six months and as such six months may kindly be granted.'
This shows the working culture of Department of Home, Government of Jharkhand with regard to criminal trial where more then one year time has been taken for developing the S.O.P. (Standard Operation Procedures) and now six months time is again prayed.
Under the aforesaid circumstances, the instant Cr.M.P. No.1486/2020 is disposed of, showing displeasure by this Court.
(Kailash Prasad Deo, J.)
Jay/-
Sandeep
The State of Jharkhand
Kailash Prasad Deo
As recorded by the court registry
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