The High Court allowed the regular bail application of an accused detained for over five years, quashing the earlier rejection on grounds of State's inaction, with conditions regarding bail bond, sureties, and property.
Petitioner released on bail with bond of Rs. 10,000/- and two sureties, subject to conditions regarding attendance and property.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 11726 of 2022
Anil Soren …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. Aman Shekhar, Advocate For the State : Mr. Subodh Kumar Dubey, Advocate
5/23.12.2022
The petitioner, who is an accused for the offence punishable under Sections 302, 120B, 380 & 427/34 IPC and Section 3 & 4 of Prevention of Witch (Daain) Practices Act, is praying for grant of regular bail as he is in custody since 9.9.2017.
Heard the learned counsel for the parties and I have gone through the entire record
including the impugned order.
On an earlier date i.e 09.07.2021 the prayer for bail of the petitioner was rejected. He renews his prayer.
Petitioner is in custody since 9.9.2017 i.e for more than five years but the prosecution has not been able to produce all the witnesses. From the impugned order, it is apparent that there are more witnesses who are yet to be examined in this case. Due to the laxity of the State in conducting the trial this petitioner cannot be kept in custody for the period of more than five years
Learned APP opposes the prayer for bail.
Considering the aforesaid fact, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st Sahibganj in connection with Borio Police Station Case No. 217 of 2017, corresponding to S.T No. 26 of 2018, subject to the condition that one of the bailor must be a close relative of the petitioner having sufficient landed property in his own name with a further condition that the petitioner will mark his attendance before the trial court once in a month till disposal of the trial, failing which, his bail bond shall stand cancelled and the trial court will take appropriate steps for his arrest.
(ANANDA SEN , J)
anjali/cp2
1 issue framed by the court
Whether the petitioner, an accused languishing in custody for over five years, is entitled to regular bailcitation in view of the prosecution's failure to produce witnesses due to State's trial delay.
2 provisions across 2 enactments
Anil Soren
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
