Dismissed¶5

Sajan Kumar Alias Sajan Sah Alias Sajan Kumar Sah v. the State of Jharkhand

Jharkhand HC11 Nov 2024B.A./3738/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi – B.A. No.3738 of 2024 – second/renewed bail application – S.T. Case No.289 of 2022 / Dumka (M) P.S. Case No.204 of 2021 – Sections 376(D), 302/34, 201/34 and 120-B IPC – prolonged detention exceeding one year not accepted as new ground for bail due to gravity of offence – earlier bail order dated 23.08.2022 set aside by Supreme Court in S.L.P. (Crl.) No.6255 of 2022 – prior rejection dated 03.11.2023 in B.A. No.7408 of 2022 – in custody since 23.09.2023 – charge framed 04.07.2023, no prosecution witness examined – bail rejected; trial court directed to expedite trial without unnecessary adjournments – Justice Subhash Chand.

What did the court decide?

Bail refused; the trial court is directed to expedite the trial without unnecessary adjournments. ¶5

Sajan Kumar Alias Sajan Sah Alias Sajan Kumar… — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3738 of 2024

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Sajan Kumar @ Sajan Sah @ Sajan Kumar Sah aged about 25 years S/o Om Prakash Gupta @ Uma Lal, r/o village-Jaruwadih, P.O. Dumka, P.S. Dumka (Town), Dist. Dumka ..... … Petitioner

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Versus The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Nitayanand Prasad Choudhary, Advocate For the State : Mr. Nawin Kr. Singh, A.P.P. --------

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08/11^th November, 2024

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. This second bail petition has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with S.T. Case No.289 of 2022 arising out of Dumka (M) P.S. Case No.204 of 2021 under Sections 376(D), 302/34, 201/34 and 120-B of the I.P.C. pending in the court of learned Additional Sessions Judge-II, Dumka.

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3. Learned counsel for the petitioner has submitted that earlier the prayer for bail of the petitioner has been rejected by this Court vide order dated 3^rd November, 2023 passed in B.A. No.7408 of 2022. By way of present bail petition, the petitioner has renewed his prayer for bail on the ground that initially the bail was granted to the petitioner in B.A. No.7408 of 2022 vide order dated 23^rd August, 2022 and against the said order the State approached the Hon’ble Apex Court in S.L.P. (Crl.) No.6255 of 2022 and in the said S.L.P. the order dated 23^rd August, 2022 was set aside and this Court was directed to decide the bail application afresh. It is further submitted that the petitioner has been languishing in jail since 23^rd September, 2023 and charge was framed on 4^th July, 2023 and no prosecution witness has been examined as yet.

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4. Learned A.P.P. opposed the contentions made by the learned counsel for the petitioner.

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5. The plea raised by the learned counsel for the petitioner that the

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petitioner is in jail for more than a year cannot be accepted as a new ground taking into consideration the gravity of the offence alleged. Accordingly, this bail application is, hereby, rejected.

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6. However, the learned trial court is directed to expedite the trial without granting any unnecessary adjournment at the instance of the either side.

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(Subhash Chand, J.)

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Rohit

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Sajan Kumar Alias Sajan Sah Alias Sajan Kumar Sah v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sajan Kumar Alias Sajan Sah Alias Sajan Kumar Sah v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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