Bail prayer rejected despite counsel arguing trial delay. Petitioner in custody over three years. Court directed lower trial court to expedite trial within nine months.
Bail prayer rejected. Trial court directed to conclude trial within nine months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 198 of 2022
Irshad @ Barka.
...…. Petitioner
Versus The State of Jharkhand. .... Opposite Party
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY ---------For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Nawin Kumar Singh, A.P.P. -----
02/10-2-2022 Heard the parties.
Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with S.T. Case No. 172 of 2019 corresponding to Lower Bazar P.S. Case No. 288 of 2018.
The prayer for bail of the petitioner was earlier rejected twice in B.A. No. 9797 of 2018 and in B.A. No. 7483 of 2020.
It has been submitted by the learned counsel for the petitioner that there has been no further progress in the trial and that the petitioner is in custody since 25.8.2018.
Learned A.P.P. has opposed the prayer for bail of the petitioner.
On consideration of the nature of allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner. The same is hereby rejected.
However, since the petitioner is in custody since for more than three years, 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 the order be sent through Fax to the court concerned immediately.
(Rongon Mukhopadhyay, J)
Rakesh/-
2 issues framed by the court
Whether bail should be granted to the petitioner accused of theft after two prior rejections.
Whether the delay in securing trial and bail warrants direction to expedite proceedings.
Irshad @ Barka
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
