High Court dismissed a bail application where the petitioner argued trial delay. Noting that two witnesses were examined and an undertaking was given to conclude the trial within six months, the Court declined bail but directed the trial court to expedite proceedings.
Bail application dismissed; trial court directed to conclude trial within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.62017 of 2017
Arising Out of PS.Case No. -209 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
.... .... Petitioner/s
Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar For the Opposite Party/s : Smt. Veena Rani Prasad.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 08-02-2018 Earlier prayer for bail of the petitioner was dismissed vide
order dated 15.05.2017 passed in Cr. Misc No. 22973 of 2017, on merit.
Submission of learned counsel for the petitioner is that petitioner has been in custody since 25.12.2016 and uptil now no substantive progress has been made in the Trial.
Heard learned A.P.P. also.
Earlier a report was called for from the court below, from which it appears that two witness have already been examined in this case and he undertakes to conclude the trial within a period of six months. In such view of the matter, I am not inclined to release the petitioner on bail. This application is, accordingly, dismissed.
However, the trial court is directed to expedite and conclude
Patna High Court Cr.Misc. No.62017 of 2017 (3) dt.08-02-2018
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the trial within a period of six months even by conducting the trial on day to day basis.
At the same time, S.P. East Champaran, Motihari is directed to ensure the production of witnesses in the trial court on the date fixed so that the trial be concluded within the aforesaid period.
(Vinod Kumar Sinha, J)
sunil/-
U T
1 issue framed by the court
Whether bail be granted to the petitioner considering his custody duration and the expected duration of the trial.
Md. Laddu
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
