ANKIT JOSHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is praying for grant of bail as he is in custody for allegedly committing offence punishable under Ss. 302, 307/34 of the Indian Penal Code and Sec. 27 of the Arms Act, in connection with Deoghar Town P.S. Case No.683 of 2016 corresponding to S.T. Case No.101 of 2017, pending in the Court of the learned Additional Sessions Judge-III, Deoghar. Heard the learned counsel for the petitioner, learned counsel for the State and have also gone through the impugned order. The petitioner is in custody for last seven years. The trial has not yet been concluded. The earlier applications were dismissed but surprisingly the trial has not proceeded. Five more witnesses remains to be examined. Considering the slackness of the prosecution in proceeding with the trial, I am inclined to release this petitioner on bail, since he cannot be kept in pre-trial custody for an indefinite period.

(2.) Accordingly, the present Bail Application under Sec. 439 Cr.P.C. is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.20,000.00 (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Deoghar, in connection with Deoghar Town P.S. Case No.683 of 2016 corresponding to S.T. Case No.101 of 2017 subject to the following conditions:-