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Judgment
Heard learned counsel for the parties.
The petitioner is an accused in a case registered under
Sections 304B and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the present case and
has not committed any offence as alleged in the first information
report. The petitioner is brother-in-law (Bhaisur) of the
deceased. So far as the wife of the petitioner, namely, Pushpa
Tiwary @ Pushpa Devi is concerned, she has already been
granted regular bail by a Co-ordinate Bench of this Court vide
order dated 9th May, 2016 in B.A. No.3964 of 2016. Learned
counsel further submits that there is no progress in trial. The
petitioner is in judicial custody since 5th September, 2014 and,
therefore, his prayer for regular bail may be considered
sympathetically.
Learned APP, while opposing the petitioner''s prayer for
bail, submits that it is a case where the deceased was killed by
the accused persons and, thereafter, she was hanged. The
postmortem report of the deceased would reveal that several
antemortem injuries were found in the body of the deceased.
The petitioner and co-accused Sandip Tiwary (husband of the
deceased) were present in the house at the time of occurrence.
The trial of the case is continuing and, therefore, the petitioner
may not be granted the privilege of regular bail.
Report regarding stage of trial was called for from the
concerned Trial Court, which has now been received. On
perusal of the report of the learned District & Additional
Sessions Judge-VI, Jamshedpur, it appears that out of fourteen
charge-sheet witnesses, six witnesses have already been
examined and eight charge-sheet witnesses are yet to be
examined in this case. Learned Trial Court has stated in the
said report that he would be disposing of the said trial within
three-four months.
Considering the fact that the trial is at a crucial stage, I
am not inclined to enlarge the petitioner, above named, on
bail in connection with Sessions Trial N0.402 of 2014 [Jugsalai
(Bagbera) P.S. Case No.246 of 2014].
Accordingly, petitioner''s prayer for bail stands rejected.
However, the Trial Court is directed to expedite the trial
and make all possible endeavour to conclude the trial within a
period of six months from the next date fixed in the trial by
securing the attendance of remaining witnesses, failing which
the petitioner will be at liberty to renew his prayer for bail.