ISRAIL MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is an accused in the case registered under Sections 147, 148, 149, 436, 341, 323 and 427 of the Indian Penal Code and Section 17 of the Criminal Law (Amendment) Act. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in this case; there is no direct allegation against the petitioner; he is in custody since March, 2010 but the trial has not concluded till date; the last witness has been examined in December 2010, thereafter there is no progress in the trial; the court is also lying vacant and there is no chance of conclusion of trial.

(2.) Learned A.P.P. opposed the petitioner's prayer for bail and submitted that the petitioner is a named accused and there are several materials against him; four witnesses have been examined and supported the prosecution case; trial is in progress and is likely to be concluded soon.

(3.) Regard being had to the nature of allegation, materials against the petitioner and also the stage of the trial, I am not inclined to release the petitioner on bail.