The Court granted regular bail to the petitioner for an offence under Section 379 IPC, noting accusations of misuse of bail. The trial was remanded to be expedited within six months due to the age of the charge.
Release on bail of Rs. 10,000 with two sureties and direction to the trial court to expedite trial within six 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13664 of 2014
====================================================== 1. Tarkeshwar Singh Son Of Lat Buta Singh Resident Of Village + P.S.Shahpur, District – Bhojpur .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Gopal Govind Mishra, Adv. For the Opposite Party : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
2 19-05-2014
Heard the learned counsel for the petitioner and the
State.
This is a petition for grant of regular bail for offence under Section 379 of the Penal Code.
It is a case of misuse of privilege of bail. The petitioner absconded in 2005, thereafter, he was released on bail and again absconded since April, 2007. The learned counsel for the petitioner, however, contends that the charge has been framed on 29.04.1998 and the petitioner remained present till March, 2005, but, the case could not be disposed off.
Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with G.R. No. 15 of 1998, Tr. No. 153 of 2013 arising out of Shahpur P.S. Case No. 1 of 1998 to the satisfaction of the Judicial Magistrate, Ara.
The trial Court is directed to expedite the trial for early disposal, preferably within six month as the charge has been framed in 1998.
(Gopal Prasad, J)
SA/ T
2 issues framed by the court
Whether the petitioner should be granted regular bail after being accused of misuse of bail by absconding on multiple occasions.
Whether the trial court should be directed to expedite the trial given the charge was framed in 1998.
1 provisions across 1 enactments
Tarkeshwar Singh
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
