The Patna High Court rejected the petitioner's bail application in a Sessions Trial involving offences under IPC Sections 302, 307, 324, and 342. The court relied on a previous order and directed the trial court to conclude the trial within one year.
Bail application rejected. Trial court directed to conclude trial within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47517 of 2015
Arising Out of PS.Case No. -22 Year- 2014 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== 1. Dharamdeo Yadav Son of Late Yadav, Resident of village- Baulipur, P.S.- Jagdishpur, District- Bhojpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 04-11-2015 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with Sessions Trial No. 183 of 2015 arising out of Jagdishpur P.S. Case No. 22 of 2014 registered for the offences punishable under sections 342, 324, 307 and 302/34 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 22.09.2014 passed in Cr.Misc. No. 30988 of 2014. It is contended that the petitioner is in custody since 29.01.2014 and though the charges were framed on 26.08.2015, till date, no witness has been examined on behalf of the prosecution.
Patna High Court Cr.Misc. No.47517 of 2015 (2) dt.04-11-2015
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Be that as it may, for the reasons recorded in the order dated 22.09.2014 passed in Cr.Misc. No. 30988 of 2014, I am not inclined to grant bail to the petitioner for the present. Accordingly, the application is rejected.
The trial court is directed to expedite the trial and conclude the same as early as possible preferably within one year from the date of receipt/production of a copy of the order. In case the trial is not concluded within the time stipulated hereinabove for no fault on the part of the accused persons, the petitioner would be at liberty to renew his prayer for bail before the trial court itself.
(Ashwani Kumar Singh, J)
Pradeep/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in the present circumstances.
Whether the direction to expedite the trial within one year would warrant re-granting of bail if trial is delayed without fault of the accused.
1 provisions across 1 enactments
Dharamdeo Yadav
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
