Petitioner faced bail for rape and murder. Bail rejected as trial court examining remaining investigation witnesses early. Directed court to expedite reconciling explorer evidence.
Bail rejected. Trial court directed to examine I.O. as early as possible.
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Patna High Court Cr.Misc. No.19063 of 2013 (3) dt.23-10-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19063 of 2013 ====================================================== 1. Suresh Mehta S/O Rameshwar Mehta Resident Of Village Mirjawa, P.S. Triveniganj, District Supaul. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 23-10-2013 Heard learned counsel for the petitioner and learned APP for the State. Perused the report of the learned Adhoc Additional Sessions Judge-IV, Supaul dated 25.9.2013 bearing no. 69 wherein it has been mentioned that the I.O. has superannuated from service and steps are being taken to see that his evidence is recorded as early as possible.
Considering the seriousness of the allegation that a girl aged 16 who was seen talking with the petitioner at 8.00 PM was found dead soon thereafter, prayer for bail of the petitioner was rejected earlier. The petitioner is facing trial for the offence punishable under sections 366A/34, 302/34 and 201 of the Indian Penal Code. Earlier his prayer for bail rejected on 19.10.2011
Patna High Court Cr.Misc. No.19063 of 2013 (3) dt.23-10-2013
considering the submission of the informant that I. O. and two more witnesses are to be examined.
Now it appears that only I. O. is to be examined. The trial court is taking all steps so that the trial could be concluded, so at this stage it would not be proper to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is again rejected in connection with S.T. No. 87 of 2009 arising out of Triveniganj P.S. Case No. 217 of 2008.
However, considering the fact that the petitioner is in custody since 20.10.2008, the trial court is directed to see that the I. O. is examined as early as possible.
(Shyam Kishore Sharma, J)
avin/-
2 issues framed by the court
Whether bail should be granted to the petitioner facing trial for rape and murder whereas investigation witnesses remain to be examined.
Whether it is proper to grant bail at this stage considering the trial court is taking steps to conclude the trial and examination of investigation witnesses.
1 provisions across 1 enactments
Suresh Mehta
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
