Subhan Khan vs The State Of Jharkhand
2022 Latest Caselaw 272 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               B.A. No.14448 of 202121
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Subhan Khan                                     .......... Petitioner.
                        -Versus-
The State of Jharkhand                          .......... Opp. Party.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner :        Mr. Rakesh Pathak, Advocate
For the State        :      Mrs. Priya Shreshtha, A.P.P.
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Order No.05                                     Date: 04.02.2022

This case is taken up through video conferencing.

The petitioner is an accused in a case registered under Sections 302, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Mr. Rakesh Pathak, learned counsel for the petitioner, submits that the bail applications of the petitioner were earlier rejected by this court twice vide orders dated 23rd January, 2017 and 6th September, 2019 passed in B.A. No.8346 of 2016 and B.A. No.7085 of 2019, respectively. By way of present bail application, the petitioner has renewed his prayer for regular bail, primarily for the reason that similarly situated co-accused- Raju Gope was separately tried in S.T. No.161 of 2016 and was acquitted by the Trial Court vide judgment dated 20th December, 2018. The petitioner is in judicial custody in connection with the present case since 6th September, 2014 and the trial has not yet been concluded. Hence, the petitioner deserves the privilege of regular bail.

Mrs. Priya Shreshtha, learned A.P.P., appearing on behalf of the State, while opposing the petitioner's prayer for bail, submits that in a separate trial, Raju Gope was acquitted vide judgment dated 20 th December, 2018 on the ground that all the witnesses did not support the case of the prosecution, moreover the Investigating Officer was not examined in the said case. However, in the present trial i.e. S.T. No.683 of 2014, P.W.3- Parwati Devi and P.W.4- Rajesh Mahto have supported the case of the prosecution. Moreover, the Investigating Officer has already been examined in the case of the petitioner. Cross- examination of the said witness is to be conducted in terms with the order dated 13th July, 2021 passed by a coordinate Bench of

this Court in Cr. Revision No.1238 of 2018. Hence, the case of the petitioner is not similarly situated to that of said co-accused Raju Gope and, thus, the petitioner does not deserve the privilege of regular bail.

Having heard learned counsel for the parties and keeping in view that the bail applications of the petitioner have already been rejected by this Court twice on merit, I am not inclined to reconsider the petitioner's prayer for bail in connection with Sessions Trial No.683 of 2014.

Accordingly, the petitioner's prayer for bail stands rejected.

Keeping in view that the petitioner is in judicial custody since 6th September, 2014, the Trial Court is directed to expedite the trial and conclude the same without any undue delay by ensuring presence of remaining witnesses as well as the witnesses, who are required to be cross-examined by the defence in terms with the order dated 13 th July, 2021 passed in Cr. Revision No.1238 of 2018.

(Rajesh Shankar, J.) Sanjay/