Raju Mandal vs The State Of Jharkhand
2022 Latest Caselaw 4195 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
         (Criminal Miscellaneous Jurisdiction)
               B.A. No. 7952 of 2022

Raju Mandal                                       ..... Petitioner
                            Versus
The State of Jharkhand                             ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner : Mr. B.M. Tripathi, Sr. Advocate.

Mr. Naveen Kumar Jaiswal, Advocate.

For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P.

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04/Dated: 14/10/2022

Heard, learned senior counsel, Mr. B.M. Tripathi assisted by learned counsel for the petitioner, Mr. Naveen Kumar Jaiswal and learned counsel for the State, Mr. Shailendra Kumar Tiwari, Spl. P.P.

This is fourth attempt of the petitioner for grant of regular bail in connection with Cyber P.S. Case No. 26/2020 dated 15.05.2020, for the offence registered under Sections 419, 420, 467, 468, 471, 120B / 34 of the IPC and also under Sections 66 (B), 66(C), 66(D), 84(C) of I.T. Act.

Learned counsel for the petitioner has submitted, that though the case was earlier fixed for judgment, but subsequent thereto an application has been filed by the prosecution under Section 311 Cr.P.C. to adduce certain evidence and the matter is kept pending and there is no chance of trial being concluded recently and as such, petitioner, who is in custody since 16.05.2020, may be enlarged on bail.

Learned counsel for the State, Mr. Shailendra Kumar Tiwari, Spl. P.P. has opposed for prayer for bail.

It appears that a report has been called for from the learned trial court. The learned trial court has submitted that prosecution evidence has been closed and the matter is fixed for the statement of accused under Section 313 Cr.P.C. on 06.08.2022 and the court will take ten (10) days' time after the conclusion of argument to finally dispose off the matter.

Be that as it may, this Court is granting ten (10) dates time from today itself. The first date shall be considered the date fixed

after today and in ten days the trial court must conclude the trial and pronounce the judgment. If the prosecution is not cooperating, the matter must be reported to the Directorate of Prosecution. If the accused are not cooperating, the trial court is at liberty to take stringent steps against the accused, but the trial must be concluded within ten dates from today.

Accordingly, the bail application is hereby rejected. Let a copy of order be communicated to the learned trial court through FAX / e-mail.

(Kailash Prasad Deo, J.) Sunil/