Kameshwar Baitha vs State of Jharkhand and Others

R.R. Prasad, J.—Heard the parties.

Learned Counsel appearing for the petitioner submits that when the petitioner was remanded in some: cases, pending at Garhwa, he was sent to Garhwa Jail. Subsequently, when he fell ill, he was referred to RIMS, Ranchi for treatment and then this writ application was filed for a direction to the authorities to produce him before the courts at Garhwa so that trial of the case as many as eight in number in which the petitioner is accused be proceeded with. The case on being heard was adjourned to some other date but in the meantime, the petitioner was taken to Sasaram from RIMS, Ranchi, though there was an order of this Court not to produce before other courts situated outside the State of Jharkhand.

However, when this matter was brought to the notice of this Court, State authorities were asked to submit show cause as to under what circumstances the petitioner was taken outside the State. Thereupon the petitioner was brought to Garhwa and was lodged at Garhwa jail. Thereafter when the matter was taken up, this Court directed the petitioner to file supplementary affidavit stating therein the status of the cases which are pending at Garhwa court and pursuant to that, affidavits, have been filed wherein following information has been supplied with.

Posting of Cases which are Pending at Garhwa Court

Sl. P.S. Case Count Stage Date of Case Position Total No. No. of Name of Witness No. No where of Remand Committed of Ball of Examined who has already case is Case witnesses Witnesses been Examined pending

Manghio A.D.J. Eviden 29.06.05 01.05.07 On bail 8 2 Bipin Bihari n P.S. F.T.C.-I ce A.D.J. Singh Rajendra No. Garhwa F.T.C. Pd. Singh 41/90 1st (Informant) G.R. No. Garhwa 414/90 S.T. No. 178/07

Manghio A.D.J. Eviden 29.06.05 19.12.05 On bail 7 4 Doman Sao P.S. No. F.T.C. I ce Sri Rajiv High Bishun Deo 25/2000 Garhwa Ranjan J.M. Court Mistry Naresh G.R. No. 1st Garhwa Ranchi Yadav 151/2000 B.A. No. Mukhlal Ram S.T. No. 7751/06 318/05 Hon''ble Mr. J. R.R. Prasad 22.12.06

Bhawant A.D.J. Eviden 29.06.05 13.07.05 On bail 15 1 Ram Naresh hpur F.T.C. ce Rajiv by Chourashia P.S. 1st Ranjan Hon''ble (Informant) Case No. Garhwa J.M. 1st High 79/94 Garhwa Court G.R. No. Ranchi 576794 S.T. No. 189/05

Meral A.D.J. Eviden 10.01.07 04.04.05 Bail 10 1 Umeshwar Pd. P.S. 1st ce T. Hassan rejected Singh 73/90 Garhwa J.M. 1st by G.R. No. Garhwa A.D.J. 729/90 1st S.T. No. Garhwa 160/05

Manghio A.D.J. For 29.06.05 13.02.07 On bail 10 1 Ram Kheiawan n P.S. 1st Eviden C.J.M. B.P. No. Ram No. Garhwa ce Garhwa 320/06 (Informant) 18/93 A.D.J. C.R. No. Garhwa 138/93 Dt. S.T. 13.06.06 96/07

Meral A.D.J. Eviden 29.06.05 22.01.07 Bail 6 3 Laljeenath P.S. No. 1st ce C.J.M. pending Tiwari 42/89 Garhwa Garhwa before Birendra Nath G.R. No. Hon''ble Tiwari 440/89 High Deo Bali Tiwari S.T. Court (Informant) 53/07

Bhawant A.D.J. Eviden 29.06.05 On bail 8 Not any hpur 1st ce by witness P.S. No. Garhwa Hon''ble examined 69/90 High G.R. Court 640/90 S.T. 77/07

Manghio Evidence Eviden 12.06.07 Bail n P.S. ce pending No. before 72/89 Hon''ble G.R. High 573/89 Court, S.T. Ranchi 303/07

By referring list of the cases, learned Counsel submits that almost in all the cases except in one trial has commenced whereby in one case, four witnesses have been examined and in other cases, 1-2 witnesses have been examined and since the trial has commenced, the court be directed to conclude the trial at the earliest at Garhwa as the petitioner has been in custody since 29.6.2005.

Having heard learned Counsel appearing for the parties, what has emerged is that the petitioner has been facing trial in number of cases not only at Garhwa but at Palamau, Sasaram and Bhabuah (Kalmur). According to the petitioner, in these cases which are pending outside the State of Jharkhand, no witness has been examined whereas as per the chart supplied on behalf of the petitioner, one or more witnesses have been examined in most of the cases pending at Garhwa.

Under this situation, it would be desirable that all the cases pending at Garhwa courts indicated above be concluded first and then he be produced in connection with other cases wherever he is wanted.

Under the circumstances, the trial courts at Garhwa dealing with the cases of the petitioner shown above would take endeavour to conclude the trial within nine months.

With the aforesaid direction/observation, this writ application is disposed of.