BILKHU SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned A.P.P. for the State.

(2.) The petitioner is an accused in a case instituted under Sections 302/34 of the Indian Penal Code and 3/4 of Witchcraft Act. Learned counsel appearing for the petitioner submits that on earlier prayer for bail of this petitioner was rejected as back as on 14th February, 2007, but when trial could not be concluded in spite of lengthy custody of the petitioner, the petitioner did move for bail through this application upon which this Court called for a report from the trial court on the point that as to why the I.O. has not been examined since last two years. Upon it a report was submitted, wherein, it was indicated that next date fixed as 25th November, 2010 on which date trial is likely to be concluded, but nothing happened on that day as neither the I.O. did turn up nor the case of the prosecution was closed thereupon the case was fixed for 18th December, 2010, but on that day also I.O. did not turn up and hence, the case has been posted for other day for evidence of the I.O., which fact would be evident from the order-sheet of the case and the certified copy is with him and thus, it is evident that there is no likelihood of early conclusion of the trial whereas the petitioner has been in custody since last four and half years.

(3.) Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, F.T.C.-I, Gumla, in connection with S.T. No. 217 of 2006 on a condition that the petitioner would appear on each and every date.