B.A./6910/2012 of JITAN SAW ALIAS JITENDRA SAW Vs The State Of Jharkhand on 21 December 2012

Arguments

IN THE HIGH COURT OF JHARKHAND AT RANCHIB.A. No.6910 of 2012

Jitan Saw @ Jitendra Saw...……. Petitioner. -Versus- State of Jharkhand.….….. Opposite Party.------CORAM : HON’BLE MR. JUSTICE NARENDRA NATH TIWARI ------For the Petitioner :Mr. Atanu Banerjee, AdvocateFor the State:APP

CORAM : HON’BLE MR. JUSTICE NARENDRA NATH TIWARI

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05/21.12.2012:The petitioner is an accused in the case registered under Sections 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner's prayer for bail was earlier rejected by order dated 20[th ]April, 2012 passed in B.A. No.2022 of 2012, giving liberty to renew his prayer for bail, if the petitioner's trial is not concluded by 31[st ]July, 2012; the trial has not been concluded till date and there is no likelihood of conclusion of trial in near future; in the instant case, there is dying declaration of the deceased, but the petitioner was not named by the deceased; the petitioner is in custody since August, 2010; there is no cogent material against the petitioner. The trial has commenced in June, 2011, but till date only three witnesses have been examined; the petitioner, thus, deserves to be released on bail.

Learned A.P.P. opposed the petitioner's prayer for bail and submitted that the petitioner is husband and during the course of investigation, several materials have come against him; the trial is in progress and is likely to be concluded shortly; petitioner's prayer for bail was earlier rejected on merit and no fresh ground has been made out except that he has remained in custody for some more period.

Regard being had to the nature of the allegation and also the fact that the petitioner's prayer for bail was earlier rejected on merit, I am not inclined to release the petitioner, above named, on bail.

Accordingly, petitioner's prayer for bail is rejected.

However, since the petitioner is in custody since August, 2010, his trial deserves to be expedited. If the petitioner's trial is not concluded by 31[st] March, 2013, he shall be released on bail on furnishing bail bond/surety to the satisfaction of the learned Trial Court.

(Narendra Nath Tiwari, J.)