Baidya Majhi vs State of Jharkhand

Narendra Nath Tiwari, J.—The petitioner is an accused in this case registered under Sections 376 /34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has remained in custody for more than two years; the trial has commenced long ago; eight witnesses are yet to be examined; earlier the petitioner has made prayer for his release on bail in B.A. No. 3217/2012 but the same was rejected by order dated 4-5-2012 giving liberty to renew his prayer for bail, if the trial is not concluded by 30th November, 2012. It has been stated that not only the trial has not been concluded, there is no chance of its conclusion in near future; the petitioner, thus, deserves to be released on bail.

Learned A.P.P. opposed the petitioner''s prayer and submitted that there is direct allegation against the petitioner and the material witnesses have supported the prosecution case in their evidence; the trial is in process and is likely to be concluded within a month; the petitioner does not deserve to be released on bail.

Considering the facts and circumstances and also considering the nature of allegation and the stage of trial, I am not inclined to release the petitioner on bail.

Petitioner''s prayer for bail is rejected.

However, since the petitioner is in custody since a long time, his trial shall be expedited. If the petitioner''s trial is not concluded by 30th June, 2013, the petitioner shall be released on bail on furnishing bail bonds/sureties to the satisfaction of learned trial court.