Dharmendra Kumar vs State Of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioner has been made accused in connection with Birni P.S. case no. 180 of 2018 instituted under sections 342, 302, 201, 307, 504, 506, 34 of

the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed murder of Babita

Devi and Prince Kumar. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further

submitted by learned counsel for the petitioner that the prayer foo bail of the petitioner has already been rejected by a co-ordinate Bench of this court

vide order dated. 16.07.2019 passed in BA No. 4225 of 2019. It is further submitted by learned counsel for the petitioner that the petitioner has been in

jail custody for more than an year since the date of rejection of his prayer for bail hence, the petitioner may be released on bail.

Learned Addl. P.P. vehemently opposes the prayer for bail and submits that the prayer of bail of the petitioner has already been rejected on merit and

additional custody of one year and some months is not sufficient ground to re-consider the prayer of bail of the petitioner hence, it is submitted that the

petitioner ought not be released on bail.

Considering the serious allegation against the petitioner, this Court is of considered view that this is not a fit case where the petitioner be released on

bail. Accordingly, the prayer for bail of the above named petitioner is rejected for the same reasons as mentioned in the earlier rejection order dated.

16.07.2019 passed in BA No. 4225 of 2019.

Keeping in view the serious nature of offences involved in this case, notwithstanding any order in administrative side of this Court, the trial court is

directed to take up the trial of the case expeditiously and to conclude the trial within six months from the date of receipt of this order by the trial Court.

It is made clear that the trial be conducted and witnesses be examined by observing the precautions relating to COVID-19 pandemic.