IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD, JJ.
Sunita Murmurin @ Sunita Munda @ Sunita Murnuring @ Sunita Murmuring - Appellant
Versus
The State of Jharkhand - Respondent
Criminal Appeal (D.B.) Nos. 748, 1998 of 2023
Decided On : 05-02-2025
| Table of Content |
|---|
| 1. background of the case and bail status (Para 1 , 2 , 3 , 4) |
| 2. court's decision on bail application (Para 5) |
| 3. dismissal of the appeal (Para 6) |
| 4. rehabilitation measures for trafficked victims (Para 7 , 8 , 9) |
| 5. next steps in addressing trafficking issue (Para 10) |
ORDER :
Criminal Appeal (D.B.) No. 58 of 2025
1. The instant appeal under section 21(4) of the National Investigation Agency Act, 2008 has been directed against the order dated 14.10.2024 passed by the learned Additional Sessions Judge-II, Latehar in Misc. Criminal Application No.632 of 2024 whereby and whereunder the prayer for bail of the appellant in connection with S.T. Case No.94 of 2023 arising out of Mahuadanr P.S. Case No.95 of 2022, corresponding to G.R. Case No.133 of 2023 registered for the offence under Sections370(4)/34 of the INDIAN PENAL CODE , has been rejected.
2. It appears from the order dated 24.01.2025 by which we have called for the status of the case as also the State has been directed to file affidavit-in-objection.
3. The status of the case has been appended with the affidavit-in-objection.
4. It has been stated therein that altogether six chargesheet witnesses are there and examination of all the chargesheet witnesses, i.e., six in number, has been completed.
5. This Court, considering the fact that the prosecution evidence itself has been closed and the trial being at the verge of conclusion, is not inclined to grant privilege of bail to the appellant.
6. Accordingly, the instant appeal is hereby dismissed.
Cr. Appeal (DB) No. 1998 of 2023 & Cr. Appeal (DB) No. 748 of 2023
7. So far as the issue with respect to the rehabilitation of the trafficked victims is concerned, one affidavit has been filed on behalf of the State wherein the State has agreed that there must be consideration of rehabilitation of such victims of trafficking by associating them with the self-help group or by engaging them in the Aangarbari.
8. The said decision has been taken by the Women, Child Development and Social Welfare Department, Government of Jharkhand since one communication has been issued to that effect by the Additional Secretary on 31.01.2025 addressed to the Secretary, Rural Development Department, Government of Jharkhand, Ranchi, as appended as Annexure-A, to take necessary action in order to associate the victims of trafficking with the self-help group. The copy of the said communication has also been sent to the Deputy Commissioner of the districts across the State and the Chief Executive Officer, Jharkhand State Livelihood Promotion Society (JSLPS).
9. Let further update be filed by taking input from the Deputy Commissioners and other functionaries on the issue so that the project be launched which will be an aid to the victims and a measure to counter the issue of trafficking.
10. List these matters for this particular issue on12.02.2025.
Bail cannot be granted when the prosecution's evidence is closed and the trial is nearing conclusion.
The court held that the appellant, having no criminal history and being in custody since July 2024, is entitled to bail, especially as the victims were recovered from a co-accused who was granted bai....
The court emphasized that significant delays in filing an FIR and the absence of criminal antecedents are critical factors in bail considerations.
The court emphasized the principle of parity in bail decisions, allowing bail for the appellant due to prolonged custody and similarity to co-accused cases.
The court emphasized the right to a fair trial under Article 21, allowing bail due to prolonged custody and limited witness examination.
The court affirmed that sufficient evidence of kidnapping and trafficking existed, justifying the denial of bail despite the appellant's claims of innocence.
Appellate courts can intervene in bail decisions where delays in trial proceedings occur, especially when co-accused are granted bail under similar serious allegations.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.