In an application for regular bail in a murder case, the Patna High Court refused bail at the current stage due to specific allegations of assault. However, the Court directed the expedited trial within nine months.
Prayer for bail was rejected. Trial directed to be concluded within nine months.
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.48049 of 2012 (3) dt.15-04-2013
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48049 of 2012
====================================================== 1. Rustam Mian S/O Late Surey Mian R/O Village - Shitalpur Bazar, Police Station - Dighwara, District - Saran .... Petitioner Versus
====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
Heard learned counsel for the petitioner and the
3 15-04-2013
State.
This is a petition for grant of regular bail for offence under Section 302/34 of the Penal Code.
There is specific allegation of assault by this petitioner causing the death of the deceased. The learned counsel for the petitioner, however, contends that only material in paragraphs 9, 10 and 11 of the case diary is that the occurrence took place due to the heat of the moment and the petitioner is in jail since 13.08.2011, but, the case has not been committed to the Court of Session.
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.
The prayer for bail is rejected .
However, the trial be expedited for early disposal, preferably within nine months. If the trial is not concluded within the stipulated time, then, the petitioner may renew his prayer for bail. The Session's Judge is directed to look into the matter so that the case may be disposed off on day-to-day basis.
(Gopal Prasad, J)
SA/-
2 issues framed by the court
Whether regular bail should be granted to the petitioner charged under Section 302/34 IPC.
Whether the trial should be expedited for early disposal.
1 provisions across 1 enactments
Rustam Mian
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
