The High Court of Jharkhand dismissed the petitioner's second bail application. Citing the nature of the assault allegation, the court refused reconsideration but directed the trial court to conclude the trial within six months.
Bail prayer stands rejected; trial to be concluded within six months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 391 of 2022
Kishor Tirkey ... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. Md. Zaid Ahmed, Advocate For the State : Mr. Ashok Kumar, A.P.P. --- Order No. 02 Dated 10th February, 2022
Heard the learned counsel appearing for the respective parties. Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with S.T. No. 23 of 2021 arising out of Kurdeg P.S. Case No. 31 of 2020 (G.R. No. 43 of 2021), pending before the Court of learned Principal Sessions Judge, Simdega.
The prayer for bail of the petitioner was earlier rejected on 22.03.2021 in B.A. No. 3127 of 2021.
It has been submitted by the learned counsel for the petitioner that there has been no progress in the trial as out of five charge sheet witnesses only one witness has been examined so far. Learned counsel submits that the petitioner is in custody since 19.11.2021.
Learned APP has opposed the prayer for bail of the petitioner.
The allegation against the petitioner is of assaulting the deceased with an axe.
In view of the nature of allegations, I am not inclined to reconsider his prayer for bail of the petitioner which stands rejected once again with a direction to the learned trial court to expedite the trial and conclude the same preferably within a period of six months from today.
Let a copy of this order be sent through fax to the learned trial court immediately.
(RONGON MUKHOPADHYAY,J.)
MK
3 issues framed by the court
Whether bail should be granted to an accused alleged to have assaulted the deceased with an axe given the lack of trial progress.
Whether to direct for expedited trial of pending criminal charge.
Whether to reconsider the prior rejected prayer for bail.
Kishor Tirkey
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
