High CourtsSingle Bench

Sunil Mandal vs State of Jharkhand

Jharkhand High Court · Decided on 5 February 2021 · Citation: (2021) 02 JH CK 0066

HON’BLE JUDGES
Anubha Rawat Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 201, 302
RESULT
Dismissed
CASE NUMBER
Bail Application No. 6090 Of 2020
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Judgment

18 paragraphs · 390 words
1.

Learned counsel for the petitioner Mr. P.C. Sinha is present.

2.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.11.2018 in connection with Bengabad P.S. Case No. 12 of 2018,

corresponding to G.R. No. 124 of 2018 arising out of S.T. No. 77 of 2019, for the alleged offence registered under Sections 302/201/34 of the Indian

Penal Code, pending in the court of learned Addl. Sessions Judge, VI, Giridih.

3.

Learned counsel for the petitioner submits that the bail application of the petitioner was rejected earlier on 23.07.2019 in B.A. No. 3846 of 2019 and

thereafter again on 17.1.2020 in B.A. No. 10391 of 2019. Learned counsel submits that in spite of the direction to expedite the trial, the trial has not

yet concluded. Upon query from the court, learned counsel for the petitioner has submitted that informant of the case has not been examined so far.

Learned counsel further submits that co-accused namely Bali Sinha @ Pravin Sinha has been granted bail by a co-ordinate Bench of this court vide

order dated 27.07.2018 in B.A. No. 5276 of 2018 and the petitioner is in custody since 05.11.2018.

4.

Learned counsel appearing on behalf of the opposite party-state has opposed the prayer and submitted that out of 9 witnesses, 6 witnesses have

already been examined and I.O., doctor and informant of the case are to be examined. Learned counsel submits that considering the nature of

allegation against the petitioner, the case of the petitioner is different from the case of the co-accused namely Bali Sinha @ Pravin Sinha who has

been enlarged on bail by a co-ordinate Bench of this Court.

5.

After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court finds that the bail application of

the petitioner was rejected on 23.07.2019 after considering the case of co-accused Bali Sinha @ Pravin Sinha who has been granted bail by a co-

ordinate Bench of this court. Considering the fact that the trial of the case is at the advanced stage and informant of the case has not yet been

examined, this court is not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail of the petitioner is hereby rejected.

6.

Let this order be communicated to the court concerned through FAX/e-mail.