In an appeal for bail under IPC and POCSO, the High Court rejected the prayer due to the offence's gravity despite no witnesses being examined. However, it directed the trial court to expedite the proceedings as the petitioner has been in jail since September 2020.
Bail rejected; but trial court directed to expedite trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10623 of 2022
Arising Out of PS. Case No.-235 Year-2020 Thana- KALYANPUR District- East Champaran
======================================================
SADDAM HUSSAIN SON OF JUMRAT KHAN R/O VILLAGEKALYANPUR, P.O. AND P.S.- KALYANPUR, DISTRICT- EAST CHAMPARAN
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar For the Opposite Party/s : Mr.Ramchandra Sahni ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 18-05-2022
Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of bail in Kalyanpur P.S. Case no. 235 of 2020 registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and section 8 of POCSO Act.
Earlier prayer for bail of the petitioner was rejected vide order dated 01.07.2021. Report of the trial court reveals that till date, no prosecution witness has been examined.
Considering the gravity of offence, prayer for bail of the petitioner is rejected. However, the petitioner is in jail since 18.9.2020, trial court is directed to expedite the trial.
(Prabhat Kumar Singh, J)
s.hassan/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a case involving offences under sections 363, 366A/34 of IPC and Section 8 of POCSO Act given the gravity of the offence and lack of prosecution wit
What direction, if any, should be issued to the trial court regarding the conduct of the trial given the petitioner's prolonged detention and lack of prosecution evidence.
2 provisions across 2 enactments
SADDAM HUSSAIN SON OF JUMRAT KHAN
THE STATE OF BIHAR
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
