The High Court disposed of a bail petition, noting that granting bail at the trial stage could prejudice proceedings. The court mandated the trial court to conclude the trial within one month.
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.
THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.9121 OF 2015
O R D E R:
This petition is filed by the petitioner-A6 under Sections 437 and 439 Cr.P.C., seeking to grant bail to him in S.C.No.475 of 2011 on the file of the VII Additional Metropolitan Sessions Judge, Hyderabad.
The petitioner is alleged to have committed the offence punishable under Sections 120-B, 302, 122, 123, 124-A, 153-A r/w 34 IPC; Sections 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 Sections 25 & 27 of the Arms Act.
On 30.9.2015, this Court directed the Registry to get report from the VII Additional Metropolitan Sessions Judge, Nampally, Hyderabad as to the witnesses so far examined and the number of remaining witnesses to be examined and the probable date of conclusion of the examination of the witnesses concerned. In pursuance of the said directions, the Registry called for the report. It is stated in the report that 12 witnesses are to be examined.
Taking into consideration the present stage of the case, this Court is of the view that grant of bail at this stage would certainly cause prejudice to further proceedings before the trial Court. But in any event, taking into consideration the submissions made by the learned
Public Prosecutor, the trial Court is directed to conclude the trial within a period of one month. If the defence Counsel fails to co-operate for cross-examination of the witnesses concerned, it is left open to the trial Court to proceed further. If the trial Court fails to conclude the trial within one month, the petitioner is at liberty to move an application before this Court.
Accordingly, the Criminal Petition is disposed of.
____________________ JUSTICE RAJA ELANGO
Dated: 26.10.2015
Nn
THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.9121 OF 2015
26.10.2015
Nn
2 issues framed by the court
Whether bail should be granted to the petitioner considering the stage of the trial and potential prejudice.
How to direct the trial court to conclude the trial within one month to expedite the process.
2 provisions across 1 enactments
Petitioner-A6
State (through VII Additional Metropolitan Sessions Judge)
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
