The High Court disposed of a bail application, directing the trial court to conclude the trial within two months. If not concluded, the accused shall be released on bail upon his own satisfaction.
Direction to trial court to conclude trial within two months; otherwise, release petitioner on bail to own satisfaction.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.62397 of 2017
Arising Out of PS.Case No. -36 Year- 2017 Thana -SARE District- NALANDA (BIHARSHARIFF)
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.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 07-02-2018 Heard the parties.
Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 8.8.2017 passed in Cr. Misc. No.35700 of 2017 with an observation that the learned trial court shall expedite the trial and try to conclude it within four months and if not concluded, the petitioner may renew his prayer for bail.
Submission of the learned counsel for the petitioner is that four months’ period has already expired and the trial has not been concluded.
Perused the report submitted by the learned trial court, it appears that three witnesses have already been examined out of nine witnesses and the learned court below undertakes to
Patna High Court Cr.Misc. No.62397 of 2017 (3) dt.07-02-2018
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conclude the trial within the period of two months.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to conclude the trial within a period of two months from the date of order as undertaken by the learned trial court and if the trial is not concluded in spite of co-operation of the accused persons, the learned trial court shall release the petitioner on bail to his own satisfaction.
(Vinod Kumar Sinha, J)
chn/-
U T
1 issue framed by the court
Whether bail should be granted due to delay in trial expiry of earlier order period.
Rajendra Dharhi
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
