Brahamdeo Ganjhu @ Bramdeo Ganjhu, son of Sewa Ganjhu v. State of Jharkhand
2019-01-11
SHREE CHANDRASHEKHAR
body2019
DigiLaw.ai
JUDGMENT : 1. This is second attempt by the petitioner seeking bail in S.T. Case No. 149 of 2017. 2. Present bail application has been preferred on the ground that the petitioner has remained in judicial custody for more than two years and, in the meantime, the prosecution witnesses who are examined in the sessions trial have turned hostile. 3. The learned APP opposing this bail application submits that the fact that the prosecution witnesses have turned hostile is itself a ground not to release the petitioner on bail. 4. The petitioner is facing trial for the offence under section 302, 120B read with section 34 IPC and section 27 of the Arms Act. 5. What would be the effect of the prosecution evidence led so far is not an issue before this Court; it would be primarily decided by the Sessions Judge at the conclusion of the trial [refer, “Kalyan Chandra Sarkar vrs. Rajesh Ranjan alias Pappu Yadav and Another” reported in (2004) 7 SCC 528 ]. 6. Period of custody is not a ground only on the basis of which an accused in a serious offence like the present one can be enlarged on bail. 7. Order dated 20.07.2017 passed in B.A. No. 5394 of 2017 records that in the order passed in B.A. No. 10062 of 2016 preferred by another accused, it is recorded that it was the petitioner who has fired shot on the deceased. 8. In view of the aforesaid facts, I am not inclined to entertain this bail application and accordingly, B.A. No. 8124 of 2018 is dismissed.