The Hon'ble High Court granted bail to Jagdambi Mandal, who was in jail custody since 2010 in a case under IPC 395, 364A, where charges could not be framed due to lack of production for trial.
Petitioner released on bail with Rs 10,000/- bond and two sureties of like amount subject to personal appearance until conclusion of trial or for one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.11345 of 2012 (4) dt.25-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11345 of 2012
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Jagdambi Mandal
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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==
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
4 25-07-2012 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
The petitioner is in jail custody since 29-12-2010 in
a case registered under Sections-395, 364A of the Indian
Penal Code.
The petitioner is neither named in the first
information report nor in the statement of the victim and it
appears that name of this petitioner came in this case on
mere suspicion.
It would further appear that the petitioner was in
jail custody in connection with another case since the year,
2004 and in spite of prayer made by the concerned I.O. to
remand the petitioner in the present case, the petitioner
Patna High Court Cr.Misc. No.11345 of 2012 (4) dt.25-07-2012
could not be remanded in this case and lastly, he could be remanded in this case on 29-12-2010.
Although the petitioner carries criminal antecedent of near about 12 cases but learned trial court has reported that uptill now, charge could not be framed against the petitioner, as he is not being produced before the trial court from Purnea Central Jail.
Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Jagdambi Mandal be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhargama P.S. Case No. 16 of 2001 to the satisfaction of Chief Judicial Magistrate, Araria subject to condition that after release from custody, the petitioner shall attend the trial court on each and every date in person for a period of one year or till conclusion of his trial whichever is earlier and, if he fails to do so on two consecutive dates without any cogent reasons, the trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Hemant Kumar Srivastava, J)
A.K.V./-
2 issues framed by the court
Whether the petitioner, though in jail custody and with criminal antecedents, should be granted bail given that charge could not be framed due to unavailability for trial.
Whether the petitioner who appears on suspicion and is not in FIR/victim statement warrants immediate bail release.
1 provisions across 1 enactments
Jagdambi Mandal
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
