Saheb Hembrom vs State Of Jharkhand

Heard learned counsel for the parties through V.C.

The instant bail application has been preferred by the petitioner for grant of regular bail in connection with Kathikund P.S. Case No.53 of 2019, registered under Sections 371 of the IPC, which is pending before the court of learned Additional Sessions Judge-III, Dumka.

Learned counsel for the petitioner submits that the petitioner had earlier moved before this Court for grant of his regular bail in B.A. No.4911 of 2020, which was rejected vide order dated 03.08.2020 by this Court with a liberty to the petitioner to renew his prayer for bail after six months and now six months has been completed. He further submits that the charge has already been framed against this petitioner and six prosecution witnesses have been examined out of nine prosecution witnesses and due to the present situation of pandemic the trial has been hampered, hence the petitioner should be enlarged on bail. He lastly submits that the petitioner is ready to abide the terms and condition as imposed by this Court.

Learned A.P.P. on the other hand opposes the prayer for bail of the petitioner, but he supported the contention of the learned counsel for the petitioner that the charge has already been framed against this petitioner and three prosecution witnesses are remaining to be examined.

In view of the aforesaid facts and circumstances of the case especially due to the reason that the charge has been framed and trial is still going on but due to the present pandemic, trial is badly hampered and there is no likelihood for early disposal of the case, as such I am inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on his furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Dumka in connection with Kathikund P.S. Case No.53 of 2019 with a condition that 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, petitioner shall register his presence before the concerned police station fortnightly, failing which, learned trial court shall be at liberty to cancel his bail.