IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11058 of 2011
MD. ASLAM @ TINKU AND ANR.
Versus
THE STATE OF BIHAR
-----------
3 20.06.2011 Heard learned counsel for the petitioners as well
as learned counsel for the state.
Earlier prayer for bail of the petitioners, was
rejected vide order dated19.09.2006 passed in Cr. Misc. No.
39170 of 2011 but this second bail petition has been filed on
behalf of the petitioners on the ground of their incarceration
in jail.
Learned counsel appearing for the petitioners
points out that the petitioners are languishing in jail custody
since the year, 2004 but uptill now, no substantial progress
has been made in their trial. A report had been called for
from the trial court and it would appear from the report dated
28.04.2011 that though the charges were framed in the
year, 2008 but uptill now, not a single prosecution witness
has been examined. It would also appear from the above
said report that at present the case is pending for production
of co-accused. It appears to me that there is no likelihood of
conclusion of the trial of the petitioners in the near future.
In the aforesaid circumstances, even if there is
serious allegation against these petitioners, I think it proper
to release them on bail. Accordingly, both the petitioners,
namely, Md. Aslam alias Tinku alias Sheikh Aslam and
2
Sheikh Nasim alias Chhotu are directed to be released on
bail on furnishing bail bonds of Rs 10,000/- (ten thousand)
each with two sureties of the like amount each in connection
with Sasaram (T) P.S. Case No. 314 of 2004 to the
satisfaction of 3rd Additional District & Sessions Judge,
Rohtas at Sasaram subject to condition that one of the
sureties must be close relative of the petitioners and shall be
holder of landed property. Furthermore, both the petitioners
shall attend the trial court on each and every date in person
for the period of one year and if they fail to do so without
having any genuine cause, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioners.
AKV/- ( Hemant Kumar Srivastava,J.)