Ravi Sharma vs State of Jharkhand and Others

Rakesh Ranjan Prasad, J.—Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. The petitioner is an accused in a case instituted under Sections 409/420/467/468/471/472 and 120B of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the prayer for bail of this petitioner had earlier been rejected vide order dated 01.03.2014 passed in B.A. No. 749 of 2014, taking into account the allegation that number of persons had given money to four persons in presence of the petitioner to have fixed deposit in their names.

Subsequently, the petitioner preferred another bail application bearing B.A. No. 8236 of 2014, which was rejected. However, an observation was made that the trial court would take endeavour to conclude the trial within four months from the date of receipt/production of a copy of this order. However, after disposal of the bail application, a letter was sent by the court concerned, requesting therein to extend the time, as had been stipulated under order dated 08.01.2015 for further three months, which was allowed.

When the trial did not get concluded, even after extension of time, this bail application had been filed in which a report was called for about the stage of the trial and also expected time to be consumed in conclusion of the trial. Pursuant to that, a report dated 08.07.2015 was submitted by the court concerned, wherein it was stated that within two months, the trial would be concluded. Keeping in view that report, an order was passed on 04.09.2015 that the trial court would take endeavour to examine all the witnesses so that prosecution case be closed by 08.10.2015.

According to Mr. Sinha, learned counsel appearing for the petitioner, still the situation is the same as only nine, out of eleven witnesses, have been examined, which situation was there when the order was passed on 04.09.2015. In the event, as stated above, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Godda, in connection with Godda Nagar P.S. Case No. 479 of 2013, corresponding to G.R. No. 1428 of 2013, on the condition that the petitioner would appear physically on each and every date before the trial court, failing which, his bail bond would be liable to be cancelled.