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Judgment
The instant application for bail has been taken out by the petitioner who was apprehended in connection with Posta Police Station Case No. 298 of 2015 dated 29-09-2015 being SC Case No. 11 of 2016 under Sections 395/397of the Indian Penal Code and Sections 25/27 of the Arms Act and is languishing in jail for nearly 1663 days.
It is undisputed that the chargesheet has already been filed and it is committed to trial.
It is submitted by the learned advocate for the petitioner that since no substantial progress has been shown in the said sessions case during last one year as only eight witnesses have been examined till date and the pandemic having its spread over globally, the petitioner should be enlarged on bail. It is emphasized before us that this is the first made application of the petitioner and therefore should be treated liberally.
Learned Public Prosecutor appearing for the State opposes the prayer for bail. According to him, the petitioner has criminal antecedents and having charged under the identical Sections in connection with other cases. It is beyond doubt that the pandemic being the lethal weapon have affected the human race radically and the humanity had suffered but it does not, if so facto, invite the approach to be shown by the Court if an offence is committed and the accused is apprehended by the police administration. The decongestion in a correctional home has also been visioned to avoid further spread of the COVID 19 in the correctional home but sufficient precaution and care is to be shown before an application for bail filed by the accused is taken up by the Court.
Having considered complicity of the petitioner to the alleged offence and that a substantial progress has already been shown in the sessions case having deterred because the non-availability of the concern judicial officer for considerable period of time we do not find that the petitioner should be enlarged on bail.
However, we direct the expeditious disposal of the sessions case and the Registry is directed to bring the fact that the concern Court is vacate because of the superannuation of the judicial officer before the Hon'ble the Chief Justice so that an appropriate step is taken in this regard.
The application is disposed of .