Patna High CourtCR. MISC./27910/2018disposal with observation

Md. Aslam @ Kalakwa @ Aslam @ Kanakwa @ Kalakawa v. The State Of Bihar

2018-09-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27910 of 2018 Arising Out of PS.Case No. -116 Year- 2012 Thana -SULTANGANJ District- PATNA ======================================================

1. Md. Aslam @ Kalakwa @ Aslam @ Kanakwa @ Kalakawa, Son of Late Karu Mian, Resident of New Azimabad (Dargah Qurbala) in the Rental House of Naga Burhia P.S. Sultanganj District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 Heard the parties.

Earlier the prayer for bail of the petitioner has been rejected four times by this Court, vide order dated 2.4.2013 passed in Cr. Misc. No.3790 of 2013, order dated 24.7.2013 passed in Cr. Misc. No.30832 of 2013, order dated 2.9.2015 passed in Cr. Misc. No.5101 of 2014 and order dated 1.5.2017 passed in Cr. Misc. No.16131 of 2017 with direction to the learned trial court to expedite the trial and try to conclude it within a period of six months, however, submission of the learned counsel for the petitioner is that only one witness has been examined in this case and no other witnesses have been examined up-till-now and the petitioner is in custody for about six years and there is no likelihood of conclusion of the trial in near future. The petitioner

Patna High Court Cr.Misc. No.27910 of 2018 (4) dt.12-09-2018 2/2 is not named in the FIR and the on the basis of the confessional statement he has been made accused in this case. Heard learned A.P.P. also and from perusal of the report it appears that the Sr.S.P., Patna has given undertaking for production of the witnesses, in such view of the matter, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months, and if the trial is not concluded within the aforesaid period, and there is no laches on the part of the petitioner, the petitioner shall be released in connection with S.T. No.1034 of 2013 arising out of Sultanganj P.S.Case no.116 of 2012 to his own satisfaction.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U