IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.530 of 2011
Gaya Nath Mandal .... Petitioner
Versus
The State of Jharkhand ...O.P.
Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari
For the Petitioner : M/s. B.P.Pandey, Sr. Advocate
S.N.Singh,Advocate
For the O.P. : APP
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4/04.05.2011
The petitioner is an accused in the case registered for the offence
under sections 302, 307, 147, 148, 149, 324 of the Indian Penal Code read with
section 3/4 of Explosive Substance Act and section 27 of the Arms Act.
Learned counsel for the petitioner submitted that the petitioner has been
falsely implicated in the case; he is in custody without any cogent basis since
July,2009, but still the trial has not commenced; there is no likelihood of
conclusion of trial in near future and, as such, the petitioner deserves to be
released on bail.
Learned APP opposed the prayer for bail of the petitioner and submitted
that the petitioner’s prayer was earlier rejected by this Court by order dated
31.3.2010. However, he has not disputed the other contentions of learned
counsel for the petitioner.
Regard being had to the facts and circumstances and also that the prayer
of the petitioner was earlier rejected by this Court on merit, I am not inclined to
release the above named petitioner on bail. Accordingly, the prayer for bail of
the above named petitioner is rejected.
However,since the petitioner is in custody for about two years, the trial
shall be expedited. If the trial is not concluded by 31st October, 2011, the
petitioner shall be at liberty to pray for bail before learned court below.
( Narendra Nath Tiwari, J.)
s.b.