Jacki Ahmad @ Jacki v. The State Of Bihar
Case brief
What is this about?
The Patna High Court rejected the petitioner's bail application in a Section 392 IPC case. The petitioner, accused based on a co-accused's confession without physical evidence, had absconded previously. The Court held that prior absconding justified bail refusal and directed the lower court to conclude the trial within six months.
What did the court decide?
Bail application of the petitioner was rejected in Barachatti P.S. Case No. 136 of 2004, Trial No. 1029 of 2015.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18907 of 2016
Arising Out of PS.Case No. -136 Year- 2004 Thana -BARACHATTI District- GAYA
====================================================== Jacki Ahmad @ Jacki, Son of Late Hasibul Rahman, Resident of VillageBandohi, P.S.- Sherghati, District-Gaya.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sudhir Kumar Sinha, Adv. For the Opposite Party : Mr. Binod Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 02-08-2016 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is languishing in custody in connection with Barachatti P.S. Case No. 136 of 2004, Trial No. 1029 of 2015 for the offences instituted under Section 392 of the Indian Penal Code.
Earlier bail application of the petitioner was rejected. Vide orders dated 04.05.2016 & 29.06.2016, a report was called for from the court below regarding the stage of the case. The report is kept on the record and marked as Flag ‘K’. As per report, it has been stated that the petitioner earlier had absconded. Subsequently after his arrest, he has again been remanded in the present case. It is further pointed out that within a period of six months the trial will be concluded.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to a petitioner languishing in custody, who was accused based on a co-accused's statement without an incriminating article recovered, given he has a history of abscondin
Parties & counsel
- petitioner
Jacki Ahmad @ Jacki
- respondent
The State of Bihar
Coram
Sudhir Singh
Case details
As recorded by the court registry
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