MD Rustam Vs the State of Jharkhand

07/ 14.10.2022 This is the second Bail Application on behalf of the applicant with prayer to release on bail in connection with Tandwa P.S. Case No. 140 of 2020, corresponding to POCSO Case No. 44 of 2020, registered under Sections 363/366(A)/34 of the Indian Penal Code and Section 12 of the POCSO Act, pending in the Court of the Additional Sessions Judge-IV cum Special Judge, POCSO Cases Chatra on the ground that the first Bail Application was rejected vide order dated 17.12.2021 in B.A.No.13990 of 2021 and in view of Section 35 of the POCSO Act, 2012 a trial shall be completed within a period of one year from the date of cognizance of the offence.

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Learned A.P.P. opposed the contention made by the learned Counsel for the applicant and contended that the status report was called for from the court concerned. In view of status report out of 12 charge-sheet witnesses 7 witnesses have been examined till 19.09.2022. Summons and warrants have already been issued to the remaining charge-sheeted witnesses.

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In view of the submissions made and the materials on record, no new ground is found for the second Bail Application. Accordingly, prayer for bail is refused.

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However, the Trial Court is directed to conclude the trial within a period of three months from the date of receipt/production of a copy of this order.

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(Subhash Chand, J.)

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P.K.S.

MD Rustam v. the State of Jharkhand

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MD Rustam v. the State of Jharkhand

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