Patna High CourtCR. MISC./39150/2015dismissed

Anil Sharma v. The State Of Bihar

2015-12-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39150 of 2015 Arising Out of PS.Case No. -71 Year- 1993 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Anil Sharma Son of Nandesh Sharma Resident of Village- Ramderi, Police Station- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mauli Prasad Singh For the Opposite Party/s : Mr. C. Jawahar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2015 Heard Mr. Anil Kumar Jha, learned Senior counsel for the petitioner, and learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

A report was called for from the learned Additional Sessions Judge III, Vaishali at Hajipur about the stage of trial. It is submitted that the petitioner is in jail for the last 13 years and the trial has not yet been concluded. From perusal of the report, it appears that 13 witnesses have already been examined and the case is only pending because the petitioner is not produced in Court on the date fixed for hearing and only two witnesses are to be examined.

It is submitted that the petitioner has already been

Patna High Court Cr.Misc. No.39150 of 2015 (4) dt.02-12-2015 P2/2 convicted in a case under Section 302 of the Indian Penal Code and his conviction is affirmed by the Hon'ble Apex Court. Considering the facts and circumstances, I am not inclined to enlarge the petitioner on bail in Hajipur P.S. Case No. 71/1993. Accordingly, the same is rejected.

The trial Court is directed to conclude the trial within six months.

The Superintendent of Police, Vaishali and Superintendent of Sub Jail, Hajipur are directed to produce the accused in Court as and when required by the Court during course of trial failing which necessary action shall be taken against the Superintendent of Police, Vaishali and Superintendent of Sub Jail, Hajipur. Let a copy of this order be sent to the Superintendent of Police, Vaishali and the Superintendent of Sub Jail, Hajipur. (Prabhat Kumar Jha, J) Saif/-Siddharth U T