Saykal Baskey @ Madan Baskey @ Sakal Baski @ Madan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9671 of 2015 Arising Out of PS.Case No. -84 Year- 2013 Thana -CHANDRAMANDI District- JAMUI ======================================================
1. Saykal Baskey @ Madan Baskey @ Sakal Baski @ Madan Son ofChhotelal Baskey Resident of Village-Jhangrahi, Police StationChandramandih, District-Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv. For the Opposite Party/s : Mr. Pradeep Nr. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Sessions Trial No.580 of 2013 arising out of Chandramandih P.S. Case No. 84 of 2013 registered for the offence punishable under section 376/511 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected by this Court on 28th January. 2014 in Cr.Misc. No. 3697 of 2014 with the following observations :- "The learned Ad hoc Additional Sessions Judge-IV, Jamui, is directed to expedite the trial of Sessions Trial No.580 of 2013 arising out of Chandramandih P.S. Case No.84 of 2013 and conclude the same as early as possible preferably within a period of six months from the date of receipt/production of a copy of this order
Patna High Court Cr.Misc. No.9671 of 2015 (2) dt.18-03-2015 2/2 failing which the petitioner would be entitled to renew his prayer for bail before the court below itself. In such case, the trial court shall consider the bail petition of the petitioner on its own merits without being prejudiced in any manner by the order passed by this court."
It has been contended that till date out of seven witnesses only three could be examined in the court. The petitioner has remained in custody for about 18 months and there is no likelihood of conclusion of the trial in near future. Regard being had to the observations made in the earlier order dated 28th January, 2014, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District & Sessions Judge, Jamui in connection with Sessions Trial No. 580 of 2013 arising out of Chandramandih P.S. Case No. 84 of 2013. (Ashwani Kumar Singh, J) Pradeep/- U T