Afzal Quraishi @ Kail Quraishi And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioners have moved this Court for grant of bail in connection with Garhwa P.S. Case No.718 of 2020 registered under sections 302/34 of the

Indian Penal Code.

The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners have committed murder of the son of the

informant namely Aarjoo Pachariya @ Md. Aarjoo. There is specific allegation against the petitioner no.2 that he was holding the hands of the

deceased while the petitioner no.1 slit his throat with a sharp cutting weapon and the deceased died at the spot. It is further submitted that the

allegations against the petitioners are all false and because of the admitted land dispute between the parties, the petitioners have been implicated in this

case. It is next submitted that the petitioners have been in custody for a considerable period of time. Hence, it is submitted that the petitioner be

admitted to bail.

The learned Addl. P.P. and the learned counsel for the informant on the other hand vehemently opposes the prayer for bail and submits that the

informant is an eyewitness to the occurrence and there is specific allegation against the petitioners of committing the murder of the daughter of the

informant therefore, there is every chance of the petitioners absconding if released on bail. Hence, it is submitted that the petitioners ought not be

admitted to bail.

Considering the serious nature of allegation against the petitioners, this Court is of the considered view that this is not a fit case where the above

named petitioners be admitted to bail. Accordingly, the prayer for bail of the above named petitioners is rejected.

Keeping in view the period of custody undergone by the petitioners and the serious nature of offences involved in this case, notwithstanding any order

in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months

from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and witnesses be examined by observing the

precautions relating to COVID -19 Pandemic.