Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6925 of 2013 Sadhan Chandra Dey ..Petitioner Versus The State of Jharkhand .Opposite Party ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr. A.K. Sahani, Advocate For the Opposite Party : APP --- 06/30-08-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is an accused in the case registered under sections 364/302/201/120B of the Indian Penal Code, and under section 27 of the Arms Act. It has been submitted that though the same prayer was rejected earlier by order dated 26.04.2011 in B.A. No. 8207 of 2010, the petitioner has remained in custody for more than three years; the charge, against the petitioner, was framed on 16.09.2011 but only one witness out of eight charge sheet witnesses has been examined so far; there is no likelihood of trial being concluded in near future; there is no eye witness in the case; the petitioner has been implicated on the basis of his alleged confession leading to recovery of an arm; there is no material on record to show that the said arm was used in commission of the crime; the petitioner is a local permanent resident and there is no chance of his absconding. Learned A.P.P. opposed the petitioner's prayer for bail and submitted that there is recovery of an arm on the basis of confession of the petitioner; there are other strong circumstances, on record, against him; trial of the petitioner has commenced and one prosecution witness has been examined; the trial is likely to be concluded in near future; at this juncture, the petitioner does not deserve to be released on bail. Regard being had to the nature of the allegation and material collected against him as also the stage of the trial, I am not inclined to release the petitioner on bail. The prayer for bail of the petitioner is, accordingly,rejected. However, since the petitioner is in custody for more than three years, his trial shall be expedited. If the petitioner's trial is not concluded by 30th November, 2013, he shall be released on bail on furnishing bail bond/sureties to the satisfaction of learned trial court. (Narendra Nath Tiwari,J) Rakesh/