RAJENDRA SINGH KHARWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner is an accused in the case registered for the offence under Sections 147, 148, 149, 307, 323, 436 of the Indian Penal Code, Sections 26, 27, 35 of the Arms Act, and Section 17 of Criminal Law (Amendment) Act. Learned counsel for the petitioner submitted that though his same prayer was earlier rejected by this Court, he is in custody for more than 3 years; the allegation against the petitioner is that he was only order giver; co -accused Anil Singh Dhurwa alias Anil Singh against whom there is allegation of overt act, has been granted bail by this Court in B.A. No. 2182 of 2010; petitioner's prayer for bail was earlier rejected by order dated 23.03.2012, passed in B.A. 348 of 2012 with the observation that his trial shall be concluded by 31st August, 2012; the petitioner was given liberty to renew his prayer if the trial is not concluded by that date, though three years have elapsed, not a single witness has been examined on behalf of the prosecution; the petitioner is a local permanent resident; there is no chance of his absconding.

(2.) LEARNED APP opposed the petitioner's prayer and submitted that petitioner is named in the FIR and the allegation against him is leading the mob, which set the informants' house on fire; there is several criminal antecedents of serious nature against the petitioner; the charge has been framed and processes have been issued for securing attendance of witnesses and the trial is likely to be concluded in near future and at this juncture the petitioner does not deserve to be released on bail.

(3.) HOWEVER , since the petitioner is in custody, his trial shall be expedited and concluded by 31st August, 2013. If the petitioner's trial is not concluded by the said period, he shall be released on bail by furnishing bail bond surety to the satisfaction of the learned trial Court.