High Court dismissed a regular bail application under Sections 302/201 IPC. While noting the petitioner's custody duration and lack of eyewitnesses, the court refused bail but directed the trial court to expedite proceedings to conclude within nine months.
Bail application dismissed; trial directed to conclude within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33997 of 2017
Arising Out of PS.Case No. -35 Year- 2017 Thana -KOILWAR District- BHOJPUR
======================================================
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 07-08-2017 Heard the parties.
This application is for grant of regular bail in connection with Koilwar P.S.Case No.35 of 2017, for the offences punishable under Sections 302/201 of the Indian Penal Code.
The petitioner is name not named in the F.I.R. The
case is under Section 302 of the IPC and it appears from the impugned order that some witnesses have seen the petitioner going towards the place of the occurrence and thereafter the dead-body of the mother of the informant was found.
Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and there is no eye witness of the occurrence and he was only seen going towards that place and further he is in custody since 5 ½ months.
Patna High Court Cr.Misc. No.33997 of 2017 (4) dt.07-08-2017
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Heard learned A.P.P. also, who has opposed the
prayer for bail.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months.
With the aforesaid observation, this application is
dismissed.
(Vinod Kumar Sinha, J)
chn/-
U T
2 issues framed by the court
Whether bail should be granted to a petitioner falsely implicated in a murder case where no eyewitness accounts place him at the scene.
Whether the impugned order necessitates expedited trial procedures.
1 provisions across 1 enactments
Ram Laddu Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
