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2024 DIGILAW 694 (SC)

Santosh Kumar @ Santosh v. State of Bihar

2024-07-22

ABHAY S.OKA, AUGUSTINE GEORGE MASIH

body2024
ORDER Leave granted. 2. Heard the learned counsel appearing for the parties. 3. All the offences against the appellant are triable by a Court of the Judicial Magistrate. A charge-sheet has been filed. As per the counter affidavit filed by the respondent-State, the case is still at the stage of appearance of the accused. In the three antecedents which are pleaded in the counter affidavit, the appellant is already enlarged on bail. 4. On 28th February, 2024 while rejecting the bail application, the High Court directed that the trial shall be concluded within a period of one year. We are surprised to note that notwithstanding the decision of the Constitution Bench in the case of High Court Bar Association, Allahabad vs. State of U.P. & Ors., (2024) INSC 150, the High Courts are issuing such directions without even considering that every criminal Court in the State of Bihar will have huge pendency. 5. Though the learned counsel appearing for the respondent-State tried to contend that the appellant has been arrested in August, 2023, even the High Court records that the appellant is in custody since 24th June, 2023. Therefore, a case is made out for enlarging the appellant on bail, pending trial. 6. For that purpose, the appellant shall be produced before the Trial Court within a maximum period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions, pending trial. 7. The appeal is accordingly allowed.