Bail application rejected. Court directed trial court to conclude trial within nine months and authorities to produce prosecution witnesses expeditiously.
Application dismissed. Trial concluded within nine months; prosecution witnesses produced per court order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3035 of 2017
Arising Out of PS.Case No. -443 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI
====================================================== Raushan Singh Son of Ballam Singh Resident of Village - Babhangama, Police Station + District - Lakhisarai.
.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr, Advocate. Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Singh For the Informant : Mr. Amit Narayan, Advocate. Mr. Jeetendra Narayan, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 22-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 302/34/120B of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner and other
miscreants is of killing the husband of the informant.
Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with a direction to the court below to conclude the trial preferably within a period of nine months from the date of receipt/production of the order.
As per prosecution case, the petitioner was
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identified in Test Identification Parade and other witnesses have also supported the prosecution case, in course of investigation.
A report was called for from the trial court regarding stage of the case. It has been reported that out of 13 charge sheeted witnesses, two prosecution witnesses have already been examined and the trial is expected to be concluded within a period of nine months, if prosecution witnesses are produced in time and the defence co-operates in course of trial.
Considering the aforesaid facts and circumstances and the allegations made in the F.I.R, I am not inclined to grant bail to the petitioner. The same is rejected in S.T. No. 45 of 2016, arising out of Lakhisarai P.S. Case No.443 of 2014, pending in the court of learned Additional District Judge-III, Lakhisarai.
The Trial Court is directed to take all necessary steps to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of copy of this order.
The District Magistrate, Lakhisarai and the Superintendent of Police, Lakhisarai are directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below.
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Let a copy of this order be communicated to the District
Magistrate, Lakhisarai and the Superintendent of Police, Lakhisarai.
(Sudhir Singh, J)
Amit/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused of murder and cheating offences.
Whether the trial court should expedite the trial and conclude it within nine months.
Raushan Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
