Chhanguri Mahaldar v. The State Of Bihar
Case brief
What is this about?
The Patna High Court rejected the petitioner's bail prayer in a murder case where the trial, though pending, was at its fag end after recording Section 313 statements and was fixed for argument. The trial court was directed to conclude the case expeditively within one and a half months.
What did the court decide?
Prayer for bail rejected; trial court directed to conclude the case within one and a half months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39981 of 2017
Arising Out of PS.Case No. -41 Year- 2014 Thana -KADWA District- KATIHAR
====================================================== 1. Chhanguri Mahaldar S/o- Late Sakhichand Mahaldar, resident of Bhogaon Kothi, P.S.- Kadwa, District- Katihar .... Petitioner Versus 1. The State of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party : Mr. Rajkishore Singh, APP 172 ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
3 11-10-2017 Heard both sides.
The petitioner seeks bail in Sessions Trial No. 216 of 2014 arising out of Kadwa P.S. Case No. 41 of 2014 registered under Section 302 and other sections of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected in Cr. Misc. No. 6102 of 2015 by order, dated 08.04.2015, Cr. Misc. No. 6593 of 2016 by order, dated 20.07.2016 and Cr. Misc. No. 1924 of 2017 by order, dated 01.03.2017.
Issues for consideration
2 issues framed by the court
Whether the petitioner should be granted bail when the trial is pending but nearing its fag end.
Whether the High Court should direct a timeline for concluding the trial given the advanced stage of proceedings.
Parties & counsel
- petitioner
Chhanguri Mahaldar
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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