The High Court allowed the bail appeal of the appellant, who had been in judicial custody. The trial had not concluded within the mandated six-month period. The court released the appellant on bail subject to standard conditions.
Appellant released on bail by executing a bail bond of Rs. 25,000 with two sureties and complying with attendance conditions.
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0IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1158 of 2018
Arising Out of PS.Case No. -436 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR
======================================================
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 20-06-2018 Heard both sides.
Earlier the appeal of the appellant for grant of bail of the appellant was dismissed vide order dated 24.07.2017 passed in Cr. App (SJ) No. 1888 of 2017 with the direction to the trial court to conclude the trial within a period of six months and liberty was given to the appellant that he may renew the prayer for bail if the trial is not concluded within the aforesaid period.
Submission of learned counsel for the appellant that six months period has already expired and no substantive progress has been made in trial and he has been in judicial custody since 17.08.2016 and only general and omnibus allegation had been attributed to the appellant along with other accused persons.
Having heard both sides, in view of the above facts as well as in view of the period of custody of the appellant, this appeal is allowed, let the appellant above named, be released on
Patna High Court CR. APP (SJ) No.1158 of 2018 (4) dt.20-06-2018
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bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 10th Additional Sessions Judge –cumSpecial Judge, SC/ST (POA) Act, Muzaffarpur in connection with Sadar P.S. Case No. 436 of 2016, subject to the following conditions:-
(i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellant will not induce any witness or tamper with the evidence. (iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether the bail appeal should be allowed given the expiry of the six-month trial period without substantive progress.
Whether the appellant should be released on bail upon furnishing a bond and meeting statutory conditions.
Mahesh Paswan
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
