In a murder prosecution, the High Court rejected bail as it looked like the petitioner was the sole assailant with minimal investigation. The court directed the trial court to conclude the trial within six months.
Bail rejected; trial to be concluded within six months by the trial court.
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.48782 of 2014
Arising Out of PS.Case No. -33 Year- 2010 Thana -TANDWA District- AURANGABAD ====================================================== 1. Vijay Kushwaha Son of Sri Rupdeo Mahto resident of village - Rampur, Police Station - Nabinagar, District - Aurangabad .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Usha Kumari-1 For the Opposite Party/s : Mr. R.S. Chaudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 20-02-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail in Tandwa P.S.Case No. 33 of 2010 registered u/s 302, 307, 120A/34 IPC and 27 of the Arms Act.
Earlier petitioner had moved before this Court in Cr.Misc.No. 23535 of 2011 by this Court directed for disposal of the case within six months.
Counsel for the petitioner submits that petitioner is in custody since 6th April 2011. Allegation against the petitioner is that he is the sole assailant of the deceased. From the order-sheet of the court below it appears that only one witness, i.e. the I.O. is to be examined now.
Looking the stage of the case, this Court is not
Patna High Court Cr.Misc. No.48782 of 2014 (2) dt.20-02-2015
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inclined to grant bail to the petitioner. This prayer for bail is rejected.
However, the trial court is directed to conclude the trial of the petitioner as soon as possible, preferably within six months from the date of receipt/production of copy of this order. In case of non-compliance of the trial, the court below will furnish the reason for the same.
If the trial is not concluded within the aforesaid period, petitioner will have liberty to approach this Court for bail.
Jay/U T
(Shivaji Pandey, J)
2 issues framed by the court
Whether bail should be granted to the petitioner in a murder case with pending investigation?
Whether the trial court can be directed to conclude the trial within a specific time-frame?
4 provisions across 4 enactments
Vijay Kushwaha
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
