Single judge bench declined to interfere with pending bail pleas in a murder/castehate case with the direction to the trial court to conclude the trial within three months, allowing the petitioner to renew the prayer if the term expires.
Trial concluded within three months; prayor to renew bail allowed if trial delayed; order transmitted to trial court.
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| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35728 of 2012 ====================================================== |
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|---|---|
Dhawal Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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| 3 | 09-01-2013 The petitioner has renewed his prayer for bail in Trial |
| No. 349 of 2012 arising out of Bheldi P.S. Case No. 91 of 2009 | |
| registered for the offences punishable under Section 302/34 of the | |
| Indian Penal Code, Section 27 of the Arms Act and Section 3 (I) | |
| (X) of the SC/ST (Prevention of Atrocities) Act pending in the | |
| court of learned Addl. Sessions Judge-I, Chapra, Saran. |
The report of learned trial court dated 16th November, 2012 suggests that one witness has been examined and the matter has been fixed for hearing on 29.11.2012.
It is expected from the learned trial court to conclude the trial within a period of three months.
In view of matter, this Court is not inclined to interfere at present. However, if the trial will not be concluded within further period of three months from today then the petitioner will be at liberty to renew his prayer for bail.
With the above observation, this application is,
Patna High Court Cr.Misc. No.35728 of 2012 (3) dt.09-01-2013
2/2
accordingly, disposed off.
Let the order be transmitted to the learned trial court
through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J) Amrendra/-
2 issues framed by the court
Whether to grant bail pending trial or direct expedited conclusion of the trial by the learned trial court
Whether to interfere with the regulation requiring the trial to be concluded within three months
Dhawal Rai
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
