An order rejecting a bail application where the court held that despite hostile prosecution witnesses, the trial was nearing conclusion and the petitioner did not merit release.
Prayer for bail rejected; Trial court directed to expedite trial and conclude within six months.
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Patna High Court Cr.Misc. No.39029 of 2012 (3) dt.10-04-2013
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39029 of 2012 ====================================================== |
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Anil Chaudhary S/O Late Bishun Chaudhary R/O Village- Baksoti, P.S.- Govindpur, District- Nawada .... .... Petitioner/s Versus The State Of Bihar |
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| .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER |
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| 03/ | 10.04.2013 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. |
Earlier prayer for bail of the petitioner was rejected by this court vide order dated 19.12.2011 passed in Cr. Misc. no. 33509/2011 but again this petition has been filed on the ground that petitioner is in jail custody since long and up till now, his trial has not been concluded.
It is pointed out by learned counsel for the petitioner that out of 11 chargesheeted witnesses, 8 prosecution witnesses have already been examined but all the aforesaid prosecution witnesses have turned hostile and they have not supported the prosecution case.
The learned trial court has reported that only 3 prosecution witnesses have been left to be examined. It appears from perusal of the aforesaid report that trial of the petitioner is going on in full swing and on the verge of conclusion.
Considering the aforesaid facts and circumstances as well as report of learned trial court , I am not inclined to release the petitioner on bail.
Patna High Court Cr.Misc. No.39029 of 2012 (3) dt.10-04-2013
Accordingly, his prayer for bail in connection with Sessions trial no. 42/2011 arising out of Govindpur P.S. Case no. 50/2010 pending in the court of Addl. Sessions Judge II, Nawada is again rejected.
However, the learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible preferably, within six months from the date of receipt of this order.
Shahid
(Hemant Kumar Srivastava,J)
1 issue framed by the court
Whether the petitioner is entitled to bail after prosecution witnesses turned hostile and trial remains incomplete.
Anil Chaudhary
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
