Petitioners seeking bail in an IPC murder prosecution argued delayed testimony of prosecution witnesses. The court rejected the bail plea, noting trials had commenced, but directed the lower court to expedite proceedings and isolate prosecution witnesses.
Prayer for bail rejected; Trial directed to be expedited.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5828 of 2016
Arising Out of PS.Case No. -115 Year- 2014 Thana -MUFFASIL District- AURANGABAD ====================================================== 1. Kuku Kharwar @ Kukuwa Kharwar, son of Late Jhamlal Kharwar 2. Pintu Kharwar, son of Late Firangi Kharwar. Both are resident of Village- Gajbore Bigha Barun, P.S.- Barun, District- Aurangabad. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Anil Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 27-04-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code. Earlier the prayer for bail of the petitioners was rejected by this court but again this petition has been filed on the ground that charge against the petitioners was framed on 30.03.2015 but up till now, no prosecution witness could be examined, particularly, in the circumstance, when petitioners are in jail custody since 15.07.2014.
The impugned order shows that trial has already commenced and, therefore, I am not inclined to release the
Patna High Court Cr.Misc. No.5828 of 2016 (2) dt.27-04-2016
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petitioners on bail, at least, at this stage and hence, their prayer for bail in connection with Aurangabad (Muffasil) P.S. Case No. 115 of 2014 corresponding to Sessions Trial No. 385 of 2014/334 of 2014 pending in the court of learned Additional Sessions Judge-V, Aurangabad is again rejected.
However, learned trial court is directed to expedite the trial of the petitioners and try to conclude the same as early as possible.
Let a copy of this order be sent to Superintendent of Police, Aurangabad with direction to him to ensure the presence of prosecution witness of aforesaid case before the court of Additional Sessions Judge-V, Aurangabad, failing which the matter shall be viewed seriously.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether petitioners in custody are to be granted bail when the trial has commenced but prosecution witnesses have not been examined yet.
Kuku Kharwar @ Kukuwa Kharwar
Pintu Kharwar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
