Dismissed

Mantu Paswan @ Muntun Paswan v. The State of Bihar

Patna HC12 Apr 2023CR. APP (SJ)/1719/2023

Case brief

AI extract

What is this about?

Appeal against an order rejecting bail was dismissed. The court held that given the trial's near conclusion, bail could not be granted. It directed the trial court to re-consider the bail prayer if the trial exceeds the statutory timeframe due to the vacant Special Judge post.

What did the court decide?

Bail prayer rejected; appellant directed to approach the trial court if trial exceeds the statutory period.

Mantu Paswan @ Muntun Paswan Vs The State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1719 of 2023

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Arising Out of PS. Case No.-519 Year-2017 Thana- HAJIPUR SADAR District- Vaishali

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======================================================

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Mantu Paswan @ Muntun Paswan Son Of Late Mahesh Paswan Resident Of Village Asadharpur, Thathan Buzurg, P S.-HAJIPUR Sadar, District Vaishali

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... ... Appellant/s

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Versus

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The State of Bihar

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Sunta Devi Wife Of Late Tarkeshwar Paswan Resident Of Village And PoThathan Buzurg Ps- Hajipur Sadar, Distt- Vaishali

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Vasant Vikas, Advocate For the Respondent/s : Mr.Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 12-04-2023

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Heard learned counsel for the appellant, learned counsel for respondent no. 2 and learned Spl. P.P. for the State.

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It has been submitted by learned counsel for the appellant that this is the 3^rd attempt of the appellant to seek bail from this Court. Earlier the prayers for bail of the appellant were rejected vide order dated 16.07.2021 passed in Criminal Appeal (SJ) No. 1232 of 2021 by a Co-ordinate Bench of this Court and vide order dated 22.09.2022 passed in Criminal Appeal (SJ) No. 1415 of 2022 by this Court. While rejecting the prayer for bail, this Court directed the learned trial court to conclude the trial within a period of six months, but till date trial has not been concluded and there is no likelihood of early conclusion of trial.

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Patna High Court CR. APP (SJ) No.1719 of 2023 dt.12-04-2023 2/3

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Learned counsel appearing for respondent no. 2 submits that prosecution evidence in this case has been closed before the learned trial court, but due to the fact that Special Court under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is lying vacant and the In-charge court has no power to proceed with the trial and hence, the trial has not been concluded.

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Having regard to the facts and circumstances and submissions made here-in-above as the trial is at the verge of conclusion, I am not inclined to grant bail to the appellant. Hence, the prayer for bail of the appellant is again rejected.

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Accordingly, this appeal is dismissed.

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However, the appellant is at liberty to move before the learned trial court if the trial is not concluded within a period of six months and the learned trial court is directed to consider the prayer for bail of the appellant on its own merit and without getting prejudiced by the order of this Court.

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Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides for conclusion of trial within two months. If the Special Court under SC/ST (POA) Act is lying vacant, it is but natural that the trial could not be concluded within the stipulated period.

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Patna High Court CR. APP (SJ) No.1719 of 2023 dt.12-04-2023 3/3

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Under these circumstances, let the matter be placed before Hon’ble the Chief Justice on administrative side for consideration regarding filling up vacant post of Special Judge, the SC/ST (POA) Act, Vaishali at Hajipur.

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(Arun Kumar Jha, J)

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DKS/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	13.04.2023
Transmission Date	13.04.2023

Mantu Paswan @ Muntun Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mantu Paswan @ Muntun Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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