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Bail should be encouraged if pending case is likely to take long time to conclude: High Court of Jharkand

Bail is a temporary release of an accused person who is awaiting trial. If it is known that the case is likely to take very long time to conclude, it would be unjust for a person who has not been convicted to spend such a long time in prison and it would also be a violation of his/her personal liberty. For this reason a single-member bench of the High Court of Jharkhand consisting of Justice Deepak Roshan granted bail to the accused in the case of Samsher Ansari v The State of Jharkhand [B.A. No. 10778 of 2020], where it was brought to the notice of the court that the case pending would not be disposed of any time soon due to other complications.

The petitioner was accused of offences under Section 336 (A) and 376 of the Indian Penal Code and Sections 4 and 8 of Protection of Children from Sexual Offences Act for engaging in sexual intercourse with a minor girl in connection with Dhanwar P.S. Case No.11 of 2020 case which is pending before the court of the learned Special Judge, POCSO Act-Cum-D.J-I at Giridih. The petitioner’s counsel pleaded that the petitioner did not commit any crime and further submitted that it is highly unlikely for the completion of the trial as the case had been fixed for supply of police paper and the condition worsening due to the covid-19 pandemic. Furthermore the petitioner had been in jail since the 20th of January 2020 despite not being convicted. The opposite party opposed the petitioner being granted, however conceded that the case would take a very long time for completion.

It held by the court that it would be unjust for the petitioner to remain in jail for long and indefinite periods of time despite not being convicted by any court, additionally the fact that he had already been in jail for over a year was taken into consideration. Justice Deepak Roshan ruled that “Having regard to the fact of the case and keeping in view of the present pandemic, trial is badly hampered and there is no likelihood for early disposal of the case, as such I am inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on his furnishing bail bond.” However it was also added that “Till then, petitioner shall register his presence before the concerned police station fortnightly, failing which, learned trial court shall be at liberty to cancel his bail”.

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