In a bail application (Crl. Misc. No. 20082 of 2012), the Patna High Court rejected the petitioners plea citing prior denial of bail and strong witness testimony against him. The court directed the lower court to expedite trial as charging was pending.
Prayer for bail rejected; trial expedited in Sessions trial No. 143/2012.
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.20082 of 2012 (4) dt.26-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20082 of 2012
====================================================== Mukhia Jaipal Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 26-07-2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Although learned counsel for the petitioner tried to convince me about innocence of the petitioner by arguing that no specific overt-act has been attributed against the petitioner and so far as criminal antecedent of the petitioner is concerned, almost all the cases have been lodged at the instance of Manik Chand but I am not at all convinced because in course of investigation, witnesses, specifically, stated that the petitioner had committed murder of one of the deceased of this case and, therefore, prayer for bail in connection with Raghopur (Rustampur O.P) P.S. Case no. 33/2011 arising out of Sessions trial no. 143/2012 pending in the court of Addl. Sessions Judge II, Vaishali at Hajipur is again rejected on the ground mentioned in my previous order dated 22.11.2011 passed in Cr. Misc. no. 31513/2011.
It appears from perusal of the report of In-charge Addl. Sessions Judge II, Vaishali at Hajipur that up till now charge has not been framed in Sessions trial no. 143/2012 in which petitioner is facing trial. Therefore, concerned court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.
Shahid/-
(Hemant Kumar Srivastava, J)
1 issue framed by the court
Whether bail should be granted to the petitioner in a murder case where specific overt acts are not attributed but investigation witnesses alleged the petitioner committed murder.
Mukhia Jaipal Singh
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
