KISHORE @ KISHORE MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) THE petitioner is one of the accused in this case in which trial is going on for the offence under Sections 302, 307, 324, 325, 326/34 IPC and Section 3/4 of the Prevention of Witch (Daain) Practices Act, 1999. His prayer for bail was earlier rejected by this Court on 17.8.2007 considering the fact that the Trial has already commenced and two witnesses have already been examined. However, the trial Court was directed to expedite the trial and conclude the same within six months and the liberty was given to the petitioner to renew his prayer for bail if the trial is not conducted within the said period.

(3.) FROM the impugned order dated 7.3.2008, rejecting the prayer for bail of the petitioner, it appears that the trial Court has issued non -bailable warrant of arrest as well as processes against the witnesses including the informant but no one appeared to depose. Even the execution report has also not been submitted to the Court though the letter to that effect was sent to the Superintendent of Police, Hazaribagh by the trial Court. Therefore, it appears that the prosecution agency is not taking proper interest for production of the prosecution witness and the trial Court is also watching as silent spectator.