Kole Hembram vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Kandra P.S. Case No.24 of 2016 (G.R. No.703 of 2016) (S.T. Case No.07 of

2018) registered under sections 302 of the Indian Penal Code.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed murder of his own mother

and the sister of the petitioner who is the informant is also the eyewitness to the occurrence. It is further submitted that the allegations against the

petitioner are all false and the postmortem report does not show that the victim has sustained any injury on his neck as alleged rather it is on the

occipital region. It is next submitted that the petitioner has been in custody for a considerable period of time Hence, it is submitted that the petitioner be

admitted to bail.

The learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submits that keeping in view the serious nature of allegation

against the petitioner of committing the murder of his own mother, there is every chance of the petitioner absconding if released on bail. Hence, it is

submitted that the petitioner ought not be admitted to bail.

Considering the serious nature of allegation against the petitioner, this Court is of the considered view that this is not a fit case where the above named

petitioner be admitted to bail. Accordingly, the prayer for bail of the above named petitioner is rejected.

Keeping in view the period of custody undergone by the petitioner and 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.