Patna HC grants bail to person accused under SC/ST Act lingering in police custody since 11 years on the ground of delay in conclusion of trial

Patna High Court: A Single Judge Bench comprising of Birendra Kumar, J. granted bail to a person accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) having regard to the inordinate delay in conclusion of trial.

The appellant was an accused in an offence that related to the carnage in which a number of persons were butchered to death. A case was registered against him under Sections 147, 148, 149, 341, 324, 307, 120B, 302 of the Indian Penal Code, Section 27 of the Arms Act, Section 3 of the Explosive Substance Act and Section 3(2)(5) of the SC/ST Act. Aggrieved by an order of the trial judge refusing grant of regular bail to him, he preferred the instant appeal under Section 14-A (2) of the SC/ST Act.

It was noted that the report of the learned trial Judge revealed the case to be at the stage of prosecution evidence but no witness had turned up till the date of hearing of the present appeal.

Submission on behalf of the appellant was that he was not named in the first information report (FIR) and the informant in his further statement had disclosed the name of one Abhinash Sharma who faced trial and was convicted. Thereafter, there was no occasion to implicate another Abhinash Sharma, i.e., the appellant.

Considering the fact that the appellant had been in custody since the last eleven years and no prosecution witness had been examined during the trial, the court observed that it was highly unlikely that the trial would be concluded in the near future. Hence, the appeal was allowed directing the appellant to be released on bail on furnishing bail bond of Rs. 20,000.[Avinash Sharma v. State of Bihar,2018 SCC OnLine Pat 2017, decided on 06-11-2018]

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