Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6118 of 2013 Nandan Kumar @ Karu …… Petitioner Versus The State of Jharkhand …… Opp. Party CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY For the Petitioner : Mrs. Renu Bala, Advocate For the State : A.P .P. 03/ 18.09.2013 Heard the counsel for the parties. Petitioner is accused in connection with Chandwa P.S. Case No.77 of 2012 corresponding to G.R. Case No.439 of 2012, pending in the Court of learned A.C.J.M., Latehar. It reveals that the petitioner and his associates have committed robbery and snatched away cash and mobile set from the informant and his companion. The petitioner was caught at the spot and his associates, in order to get him released, also opened fire but fortunately it did not hit anyone. The prayer for bail made on behalf of this petitioner was earlier rejected on 31.01.2013 vide B.A. No.9092 of 2012. It is submitted that the seizure witnesses have not supported the prosecution case and the petitioner is rotting in jail since more than one year. If the petitioner was caught red handed and the recovery alleged has not been proved, the case of the prosecution becomes doubtful. Learned counsel appearing for the State has opposed the prayer for bail. The report submitted by learned Court below indicates that the case is likely to be concluded within next three months. Considering all these aspects and the allegations levelled, I do not feel inclined to reconsider the prayer for bail at present. The Court below is directed to conclude the trial within three months from the date of presentation of a copy of this order, by taking all coercive steps to secure the attendance of remaining witnesses. If the trial is not so concluded, within the period indicated above, the petitioner shall be at liberty to renew his prayer for bail. With these observations, the prayer for bail made on behalf of above named petitioner stands dismissed. (D. N. Upadhyay, J.) NKC