The Patna High Court rejected a bail application filed by Avinash Mandal for an offence under Section 364(A) IPC. The court directed the trial court to expedite the trial within nine months, with liberty to renew the bail prayer if delayed.
Bail request rejected; trial directed to be completed 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.49495 of 2012 (3) dt.18-04-2013
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49495 of 2012 ====================================================== Avinash Mandal .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== |
|---|
| Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== |
CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER |
| 3 18-04-2013 Heard learned counsel for the parties. |
| This is a petition for regular bail for the offence under section 364(A)/34 of I.P.C. |
There is allegation of demand of ransom against the petitioner. Though the F.I.R. is against unknown but one of the victims, namely, Mumtaz Ansari who was also released from the clutch of the miscreants disclosed the name of the petitioner as one of the kidnappers. It is stated that the victim Naresh Singh, father of the informant, in his statement recorded under section 164 Cr.P.C. has not disclosed the name of the petitioner. The petitioner was in jail since 22.4.2012 in another case in Arms Act but he is in jail custody since 29.10.2012.
Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected.
Patna High Court Cr.Misc. No.49495 of 2012 (3) dt.18-04-2013
However, trial court is directed to expedite the trial for early disposal preferably within nine months, failing which the petitioner will be at liberty to renew his prayer for bail.
AnilKrSinha/-
(Gopal Prasad, J)
3 issues framed by the court
Whether bail should be granted to the petitioner accused of kidnapping under Section 364(A) IPC.
Whether the trial court should be directed to expedite the trial for early disposal.
What constitutional or legal principles apply to bail in kidnapping cases.
3 provisions across 2 enactments
Avinash Mandal
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
