This order rejects the bail prayer again citing previous orders. It directs the trial court to conclude the trial expeditiously as the key investigating witness cross-examination remains pending.
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.20267 of 2013 (2) dt.15-05-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20267 of 2013 ====================================================== 1. Mohit Tiwari @ Mohit Kumar Tiwari @ Mohit Tiwary @ Mohit Kumar Tiwary S/O Uday Shanker Tiwary .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 15-05-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Earlier the prayer for bail of the petitioner was twice rejected by this Court and again I am not inclined to release the petitioner on bail on the grounds mentioned by me in my previous orders, particularly, in order dated 29.11.2012 passed in Cr. Misc. No. 20988 of 2012 and accordingly, the prayer for bail of the petitioner in connection with Sessions Trial No. 547 of 2010 arising out of Patliputra P.S. Case No. 26 of 2009 pending in the court of Additional Sessions Judge-II, Patna is again rejected.
However, it would appear from order dated 22.04.2013 passed by learned Additional Sessions Judge-II, Patna in above stated Sessions Trial No. 547 of 2010 that an Investigating Officer, namely, Sanjay Kumar Singh was examined by him partly on 17.12.2012 and after that the aforesaid witness
Patna High Court Cr.Misc. No.20267 of 2013 (2) dt.15-05-2013
was examined on two different dates and furthermore, the aforesaid witness was cross-examined by the defence on three different dates and still his cross-examination could not be concluded. It appears from the aforesaid fact that the learned trial court has not taken the observation of this Court passed on 29.11.2012 in Cr. Misc. No. 20988 of 2012 seriously. Moreover, learned trial court shall take all possible steps to conclude the trial of the petitioner as early as possible.
Let a copy of this order be sent to the court of Additional Sessions Judge-II, Patna in connection with Sessions Trial No. 547 of 2010 arising out of Patliputra P.S. Case No. 26 of 2009 through fax without any delay.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
1 issue framed by the court
Whether bail of the petitioner should be granted given prior rejections and procedural status of cross-examination.
Mohit Tiwari
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
