Petitioner sought bail under Section 396 IPC. Bail was rejected due to offence gravity and TIDP identification. Direction issued to Sessions Judge to ensure trial conclusion despite custody duration exceeding three years.
Application for bail rejected; Sessions Judge directed to supervise trial progress to avoid undue delay.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15981 of 2017
Arising Out of PS.Case No. -40 Year- 2013 Thana -CHANDI District- BHOJPUR
======================================================
Jipesh Ram @ Jipeshi Ram, son of Motilal Ram, residence of VillageChilhar, Police Station- Itarhi, District- Buxar.
.... .... Petitioner
Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Dineshwar Pandey, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 12-04-2017
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner seeks bail in connection with Chandi P.S. Case No. 40 of 2013 registered under Section 396 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 25.11.2014 passed in Cr. Misc. No. 42530 of 2014.
Considering the gravity of the offence and the fact that the petitioner was identified by two witnesses including the informant in the test identification parade, I am not inclined to
Patna High Court Cr.Misc. No.15981 of 2017 (2) dt.12-04-2017
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grant bail. Accordingly, the prayer for bail is rejected.
However, since the petitioner is in custody for more
than three years, the Sessions Judge, Bhojpur at Ara is directed to personally supervise progress of the trial and ensure that no undue delay is caused in bringing the trial of the petitioner to its logical conclusion.
Registry is directed to communicate a copy of the
order to the Sessions Judge, Bhojpur at Ara.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether the petitioner's bail application should be allowed considering the gravity of the offence and identification in TIDP.
1 provisions across 1 enactments
Jipesh Ram
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
