Birsa Munda vs State of Jharkhand

Heard learned counsel for the parties through V.C.

As prayed for by learned counsel for the petitioner, the defects pointed out by the Registry are hereby ignored.

The instant application has been preferred by the petitioner for grant of regular bail in connection with Arki P.S. Case No. 19 of 2018 corresponding to G.R.No.211/2018 and S.T. No. 14/2019 for alleged offence under section 302, 201,120(B), 506/34 of I.P.C. and 3/ 4 of Witchcraft Act pending in the court of Sri Rajesh Kumar No.1, learned Dist.& Addl. Sessions Judge-Ist, Khunti.

Learned counsel for the petitioner submits that although charges have been framed but no witness has been examined till date. The allegation against the petitioner is that husband of the informant has been murdered by the petitioner and others. He further submits that the bail application of the petitioner was earlier rejected by a coordinate Bench of this Court with an observation that trial should be concluded within one year from the date of the order, i.e. 04.4.2019. He further submits that the co-accused Lomba Munda has been granted bail on the ground that there is no chance of conclusion of the trial in near future.

Learned A.P.P. opposes the prayer for bail.

In view of the aforesaid facts and circumstances of the case and taking into consideration the observation made in the order passed earlier by this Court and since there is no chance of conclusion of the trial in near future, the petitioner is directed to be released on bail. At present the petitioner shall be released on furnishing personal bail bond of Rs.5,000/- (Five thousand only), thereafter when the lockdown period is over, the petitioner shall furnish bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Rajesh Kumar No.1, learned Dist.& Addl. Sessions Judge-Ist, Khunti in connection with Arki P.S. Case No. 19 of 2018 corresponding to G.R.No.211/2018 and S.T. No. 14/2019 within a period of one month from the date of lifting of lockdown.

The petitioner shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins. Till then, the petitioner shall register his presence before the concerned police station fortnightly failing which the learned trial court shall be at liberty to cancel his bail.

With the aforesaid directions this bail application is allowed and disposed of.