Citation : 2021 Latest Caselaw 4108 Jhar
Judgement Date : 29 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No. 11886 of 2021
Sanjay Oraon .... .... Petitioner(s).
Versus
State of Jharkhand .... .... Opp. Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
THROUGH : VIDEO CONFERENCING
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For the Petitioner : Mr. Ritesh Kumar, Advocate For the State : Mr. Nawin Kr. Singh, Advocate
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03/29.10.2021 Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 376 IPC and Section 4/5 (j) (ii) of Protection of Children from Sexual Offence Act.
During course of argument learned APP submits that prosecution witnesses have been examined and the case is pending for examination of the defence witness.
Counsel for the petitioner also admits the aforesaid fact. Considering the fact that case is pending for examination of defence witness, I am not inclined to grant privilege of bail to the petitioner which was earlier rejected twice on the ground that he has committed rape. Accordingly, the prayer for bail of the petitioner above named in connection with Mahila (Sisai) P.S. Case No. 21 of 2017, corresponding to POCSO G.R. No. 771 of 2017, pending in the court of Additional Sessions Judge-I, Gumla stands rejected.
It will be open to the petitioner to get the defence witness examined. Once the defence witness is closed, the trial court will hear the argument of the parties and deliver the judgment.
(ANANDA SEN , J) anjali/ C.P 3
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