Domi Mahto @ Domi Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1850 of 2020 Arising Out of PS. Case No.-161 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== DOMI MAHTO @ DOMI MAHTON S/o Late Shiv Mahton Resident of Village-Mobarakpur (Sahuri), Police Station-Birpur, District-Begusarai. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Kapil Deo Singh, Advocate For the Respondent/s :
Mr.Binay Krishna Mallick, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-12-2020 Heard learned counsel for the appellant and the State.
The appellant is aggrieved by the order dated 15.07.2019 passed by the Special Judge, SC/ST (POA)Act, Begusarai in Begusarai Muffasil (Singhaul O.P.) P.S. Case No. 161 of 2019 G.R. No. 287 of 2019 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506 IPC, 27 Arms Act and 3(r)(s), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for grant of regular on behalf of the appellant has been rejected. Learned counsel appearing on behalf of the appellant would submit that the it is 2nd attempt of the appellant. Earlier the Cr. Appeal (SJ) No. 4005 of 2019 was dismissed on
Patna High Court CR. APP (SJ) No.1850 of 2020(2) dt.01-12-2020 2/2 28.11.2019 with with observation that trial be expedited within a period of six months from the date of receipt/production of a copy of this order. Nearly one year has passed after 28.11.2019 and the trial is yet to be concluded.
In view of the observation made by this Court in the order dated 28.11.2019 passed in Cr. Appeal (SJ) No. 4005 of 2019, the impugned order dated 15.7.2019 is set aside the appeal is, accordingly, allowed.
Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge SC/ST Act, Begusarai in connection with Begusarai Muffasil (Singhaul O.P.) P.S. Case No. 161 of 2019 G.R. No. 287 of 2019.
The trial Court is directed to expedite the trial and conclude the same within a period of six months positively from the date of communication of the order.
(Anil Kumar Upadhyay, J) spandey/- U T