The Patna High Court rejected the petitioner's bail prayer under section 37 of the N.D.P.S. Act but directed the trial court to expedite the conclusion of the trial immediately, noting the petitioner's age and lack of criminal record.
Directed the trial court to expedite and conclude the trial as early as possible.
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Patna High Court Cr.Misc. No.22449 of 2013 (3) dt.23-10-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22449 of 2013 ====================================================== 1. Jhulan Rai @ Jhumlal Rai Son Of Harinath Rai Resident Of VillageJethuli, Police Station- Fatuha, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Chakrabarty, 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. Report received from the trial court mentions the horrendous state of trial of the case. Earlier petitioner’s prayer for bail was rejected on a number of occasions. The first rejection was on 3.8.2009 and subsequently while prayer for bail was rejected on 6.10.2010, then direction was issued to the court to expedite the trial. Since there was no progress in the trial, the petitioner filed another bail application, then on 28.9.2010 further direction was given that the trial should be concluded at the earliest but the report mentions that only two seizure list witnesses- one constable of recovery and the informant have been examined whereas three constables as well as one A.S.I. and I.O. are to be examined.
Patna High Court Cr.Misc. No.22449 of 2013 (3) dt.23-10-2013
Considering the constraints of section 37 of the N.D.P.S. Act prayer for bail of the petitioner is again rejected. However, this does not give liberty to the trial court to keep the trial pending for any period of time. The petitioner is in custody since 10.9.2008 and his age has been mentioned to be 72 years in the petition. It has also been mentioned that the petitioner has no criminal antecedent.
The trial court is directed to expedite the trial and
conclude it as early as possible.
(Shyam Kishore Sharma, J)
avin/-
2 issues framed by the court
Whether the trial court can keep the trial pending indefinitely under section 37 of the N.D.P.S. Act considering the petitioner's bail rejection and age.
Whether the trial court should be directed to expedite the trial given the horrendous state of trial and lack of progress.
1 provisions across 1 enactments
Jhulan Rai @ Jhumlal Rai
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
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