This order dismisses a bail petition filed by two accused in a dacoity case. The High Court refused bail, directing instead that the trial be expedited and concluded within nine months.
Petitioners denied bail; directed to expedite trial and conclude 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 19035 of 2014
Arising Out of PS.Case No. -173 Year- 2013 Thana -MADANPUR District- AURANGABAD
======================================================
1. Amit Sharma
2. Mukesh Sharma
Both are Son of Punedev Sharma Resident of Village Mau, P.S. Tekari,
District Gaya.
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr.
For the Opposite Party : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
3. 08-07-2014 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
The petitioners seek bail in Madanpur P.S. Case No.
173 of 2013 dated 28.10.2013 instituted for offence punishable
under Sections 395/397of the Indian Penal Code.
Learned counsel for the petitioners submits that the
F.I.R. is against unknown. It is submitted that only on the
confessional statement of co-accused Rakesh Giri @ Bhim Singh @
Baba, the petitioners have also been made accused. Learned
counsel submits that even if the confessional statement is accepted
to be true, then also the petitioners have not been given any share
in the looted money. Learned counsel submits that there has also
been no recovery from the petitioners.
Learned A.P.P., upon going through the case diary,
submits that in the confessional statement, specific role has been
assigned to the petitioners in the planning and execution of the
Patna High Court Cr.Misc. No.19035 of 2014 (3) dt.08-07-2014
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crime. Further the petitioners have also been arrested along with Rakesh Giri from the brand new vehicle which was bought from the money which has been looted. Learned counsel submits that besides Rakesh Giri another co-accused namely, Sanjeet Kumar has made confessional statement in another case which has also been used in the present case in which, against the petitioners, there is specific allegation and role assigned in the whole episode in which Rs. 43,00,000/- of the bank has been looted and two guards have been shot at.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioners on bail. The application stands dismissed.
However, the Court below is directed to expedite the trial and conclude the same within nine months.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
2 issues framed by the court
Whether bail should be granted to the petitioners charged with dacoity under Sections 395/397 IPC given the reliance of prosecution on confessional statements.
Whether the trial in the underlying case should be expedited.
1 provisions across 1 enactments
Amit Sharma
Mukesh Sharma
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
