The Patna High Court granted bail to the petitioner in a criminal trial, directing him to furnish a bond and fixed conditions related to the bailor and attendance. The court also directed the trial court to expedite the proceedings.
Bail granted subject to conditions; trial to be concluded 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.6139 of 2014
Arising Out of Danapur Rail P.S. Case No.50, Year- 1993, District- PATNA ====================================================== Krishna Kumar Sharma @ Krishna Nandan Sharma, son of late Chandra Bhushan Sharma, resident of village - Parasbigha, P.S. Parasbigha, (Jehanabad), District-Jehanabad. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 12-08-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 31.1.2013 passed by the Additional Sessions Judge VIII, Danapur, in connection with Sessions Trial No. 666 of 2005, arising out of Danapur Rail P.S. Case No. 50 of 1993 by which he has cancelled the bail bond of the Petitioner.
It has been submitted on behalf of the Petitioner that he remained in Jail from 30.6.2001 till 5.8.2008 and also between the period from 20.10.2008 to 5.11.2011. The further submission is that it was due to unforeseen circumstances, the Petitioner could not appear in the Court below on the date fixed and undertakes to be physically present on each and every date.
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Considering such undertaking, the Petitioner is directed to be released on bail on his appearance on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Additional Sessions Judge-VIII, Danapur, in connection with Sessions Trial No. 666 of 2005 arising out of Danapur Rail P.S. Case No. 50 of 1993 subject to the conditions: (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
The Trial Court is directed to expedite the Trial and
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conclude the same positively within a period of six months from the date of receipt of this order without giving any unnecessary adjournment to any party for which reason he is directed to send a list of the witnesses fixing specific dates for each witnesses for their examination along with a copy of this order to the Superintendent of Police concerned, who is directed to ensure the attendance of the witnesses on the date so fixed by the Trial Court so that there is no further delay in the Trial.
The application stands disposed off.
(Anjana Prakash, J)
S.Ali/-
U T
2 issues framed by the court
Whether the petitioner deserves to be released on bail after being in jail for a long period.
Whether the impugned order cancelling the bail bond should be quashed.
Krishna Kumar Sharma @ Krishna Nandan Sharma
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
