Patna High Court rejected a second bail application in a corruption case where the petitioner was in custody for seven months. The court directed the trial court to conclude the trial within seven months, offering renewed bail terms if the timeline wasn't met.
Bail rejected; trial concluded within seven months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38494 of 2017
Arising Out of PS.Case No. -8 Year- 2017 Thana -VIGILANCE District- PATNA
====================================================== 1. Triloki Nath Ojha, S/o Late Shiv Kumar Ojha, Resident of VillageNimej, P.S.-Barahmpur, Distt.-Buxar.
.... .... Petitioner/s
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance)
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 23-08-2017 Heard the parties.
The petitioner seeks regular bail in Spl. Case No.5/17 arising out of Vigilance P.S. Case No.8/17 of 2017 for the offence under Section 7 / 13 (2) r/w Section 13(1) (d) of the P.C. Act.
Petitioner had earlier moved this Court vide order dated 19.04.2017 passed in Cr.Misc. No.18072/17 which was rejected by this Court.
Submission of the learned counsel for the Petitioner is that he is in custody for seven months and the allegation is of taking bribe of Rs.6000/- and now charge sheet has also been submitted.
Heard learned A.P.P. for the Vigilance Department.
Having heard both sides and in view of the fact that
Patna High Court Cr.Misc. No.38494 of 2017 (2) dt.23-08-2017
2/2
prayer for bail has already been rejected on merit. As such, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected.
However, learned court below is directed to expedite the trial and conclude it preferably within seven months and , if the same is not concluded within the stipulated period, petitioner may renew his prayer for bail.
(Vinod Kumar Sinha, J)
AnilKrSinha/-
U
2 issues framed by the court
Whether bail should be granted to the petitioner who is in custody for seven months pending a charge sheet filing in a vigilance case.
Whether the High Court should direct the lower court to expedite the trial to comply with statutory timelines.
1 provisions across 1 enactments
Triloki Nath Ojha
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
