MAHENDRA BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, who is in custody in connection with the case registered under Sections 147, 148, 149, 302, 364, 427, 436 /201 of the Indian Penal Code, 27 of the Arms Act, 17 of the C.L.A. Act and 3/ 4 of Explosive Substances Act, has prayed for his release on bail. Learned counsel for the petitioner submitted that the petitioner is falsely implicated in the case; there is no specific allegation of any overt act against the petitioner; he is in custody since 17th February, 2010 and there is no marked progress in the trial; the petitioner, thus, deserves liberty of bail during pendency of the trial.

(2.) LEARNED APP opposed the petitioner's prayer.

(3.) CONSIDERING the nature of the case as also the stage of trial, I am not inclined to release the petitioner on bail. His prayer for bail is, accordingly, rejected. However, since the petitioner is in custody since February, 2010, his trial shall be expedited. If the petitioner's trial is not concluded by 31st May, 2013, the petitioner shall be at liberty to renew his prayer for bail.