Alok Kumar Mishra vs The State Of Jharkhand
2021 Latest Caselaw 1943 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        B.A. No. 12100 of 2020

Alok Kumar Mishra, aged about 33 years, S/o Sri Jai Kumar
Mishra, R/o Village-Baddiha, P.O-Mirjaganj, PS-Jamua, Dist.-
Giridih                                        ... Petitioner
                              Versus
The State of Jharkhand                           ... Opposite Party
                               -------

(Through V.C )

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner : Mr. Pran Pranay, Advocate For the State : Mr. Naveen Kumar Gaunjhu, APP

-------

Order No.04/Dated: 18th June, 2021

This is second attempt by the petitioner seeking grant of bail in Barwadih P.S Case No.02 of 2016 corresponding to S.T. Case No.168 of 2016 which was registered for the offences under sections 498A, 379, 315/34 of the Indian Penal Code.

Mr. Pran Pranay, the learned counsel for the petitioner submits that in S.T. Case No.168 of 2016 the petitioner is facing trial for the offences under sections 498A and 313 of the Indian Penal Code.

In the supplementary affidavit dated 11.02.2021, a statement on behalf of the petitioner has been made that on 06.03.2020 the last prosecution witness who is the investigating officer of the case has already been examined. Still, trial in S.T. Case No.168 of 2016 has yet not concluded for the accused has yet not been examined under section 313 of the Code of Criminal Procedure.

The learned counsel for the petitioner submits that even during the Pandemic period examination of the accused under section 313 of the Code of Criminal Procedure has been conducted through video-conferencing.

In course of hearing, the learned Public Prosecutor was asked to join the proceeding. Mr. Shekhar Sinha, the learned Public Prosecutor affirms that during the Pandemic period in several cases the accused was examined under section 313 of the Code of

Criminal Procedure through video-conferencing and judgment has been delivered by the Court concerned.

Since all the prosecution witnesses have now been examined, it would not be proper for the Court to release the petitioner on bail. However, the Court concerned seized with trial of S.T. Case No.168 of 2016 shall examine the accused under section 313 of the Code of Criminal Procedure by 30.06.2021, but for any exceptional circumstance, and in any case not beyond 09.07.2021.

It is further ordered that trial in S.T. Case No.168 of 2016 shall be concluded by the end of July, 2021 and the learned counsel for the petitioner as well as the learned APP shall co-operate and would not seek any adjournment except for any justifiable reason.

B.A. No.12100 of 2020 stands disposed of with the aforesaid directions.

Let a copy of the order be transmitted to the Principal District and Sessions Judge, Latehar and the Court concerned, for compliance, through "Fax".

(Shree Chandrashekhar, J.) sudhir