MUSTKIM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner is facing trial for the offence under Sections 395 and 412 of the Indian Penal Code. His prayer for bail was earlier twice rejected by this Court, lastly on 30. 11. 2007. Now by filing this application, he renewed his prayer for bail on the ground that the other co-accused namely, Sanju Das @ Ashok Das has been granted bail by a Bench of this Court in B. A. No. 4824 of 2008 on 05. 09. 2008. A report was called for from the trial Court regarding the stage of the trial and after perusing the same, order granting bail to the said Sanju Das @ Ashok Das was passed. It appears that the Bench while granting bail to said Sanju Das was of the opinion that the offence for which the said petitioner was charged under Section 392 whereas the present case is under Section 395 and 412 of the Indian Penal Code. Since the trial has already proceeded and out of 14 charge sheet witnesses, five witnesses have been examined during the trial and, as such, I am not inclined to grant bail to this petitioner. Accordingly, the same is hereby rejected with a direction to the trial Court to expedite the trial and conclude the same as expeditiously as possible preferably within a period of six months from the date of receipt/ production of a copy of this order. However, liberty is given to the petitioner to renew his prayer for bail if the trial is not concluded within the said period of six months.