The High Court disposed of the bail petition without deciding on merit as the counsel was not pressing for it. The Court directed the trial court and prosecution to summon the absent doctor witness promptly to conclude the trial early.
Petition disposed with observation to ensure production and examination of the doctor witness for early trial conclusion.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 2316 of 2018
Arising Out of PS. Case No.-69 Year-2015 Thana- Chatauni District- East Champaran
======================================================
Chandan Ram, Son of Bharat Ram, resident of Village- Raghunathpur, P.S.Turkauliya, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 17-01-2018
Heard Sri Pravin Kumar, learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Addl. Public Prosecutor.
This is the 4th attempt for grant of bail on behalf of the petitioner.
Learned counsel for the petitioner, at the very outset, submits that he is not pressing the prayer for bail on merit, but he submits that despite the fact that all the witnesses have already been examined, on one pretext or the other, the trial has not concluded. He submits that during the trial, only examination of doctor is required to be done and since last two months, doctor has not appeared for his evidence. Accordingly, learned counsel for the petitioner requests for disposal of the present petition with observation that trial court may take
Patna High Court Cr.Misc. No.2316 of 2018(2) dt.17-01-2018 2/2
appropriate step for early conclusion of the trial.
The submission made by learned counsel for the petitioner was not opposed by learned Addl. Public Prosecutor and the Court is also of the opinion that the request is reasonable.
Accordingly, the petition stands disposed of with observation that the learned Trial Judge as well as prosecution may take all steps so that the last witness, as submitted by learned counsel for the petitioner i.e. doctor, may be examined and case may come to its logical end without unnecessary delay. While disposing of the present petition, it is desirable to direct the concerned Superintendent of Police to ensure production of the witness, as and when required by the Trial Judge.
Accordingly, with above observation and direction, the bail petition stands disposed of.
Let a copy of this order be sent to the concerned Superintendent of Police for its compliance.
(Rakesh Kumar, J.)
anay
U T
Chandan Ram
The State of Bihar
Rakesh Kumar
As recorded by the court registry
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