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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Navneet Kumar
Hiro Rai – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. condonation of delay for appeal (Para 1 , 4) |
| 2. context of appeal and charges against the appellant (Para 5 , 12) |
| 3. arguments from both parties on bail (Para 6 , 7 , 8 , 10 , 11 , 13) |
| 4. court's observations regarding the case and bail considerations (Para 9 , 14 , 15 , 19) |
| 5. court's order on bail and conditions (Para 16 , 18) |
| 6. conclusion of appeal (Para 17 , 20) |
ORDER :
I.A. (Cr.) No. 1216 of 2025
1. The instant Interlocutory Application has been filed condonation of delay of 27 days in filing the appeal.
2. Heard learned counsel for the parties.
3. In view of the reasons assigned in the application, the delay in filing the instant appeal is hereby condoned.
4. Accordingly, Interlocutory Application, being I.A. No. 1216 of 2025, stands disposed of.
Cr. Appeal (DB) No. 167 of 2025
5. The instant appeal filed, under Section 21 (4) of the National Investigation Agency Act, 2008, is directed against the order dated 08.08.2024 passed in B.P. No.433 of 2024 by the learned Additional Sessions Judge-I, Giridih in connection with Hirodih P. S. Case No. 84 of 2021, registered under Sections 370 , 371, 374/34 of the INDIAN PENAL CODE ; and Section 79 of the Juvenile Justice Act, p
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....
Appellate courts can intervene in bail decisions where delays in trial proceedings occur, especially when co-accused are granted bail under similar serious allegations.
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 principle of treating similarly situated individuals consistently in bail matters, allowing bail based on co-accused's previous release and the appellant's prolonged custody.
Prolonged custody and lack of progress in trial justify granting bail, especially when co-accused with similar circumstances have been released.
Prolonged judicial custody without trial progress and lack of incriminating evidence can justify granting bail, emphasizing the right to timely justice under Article 21.
The court emphasized the right to a fair trial under Article 21, allowing bail due to prolonged custody and limited witness examination.
The court emphasized that the lack of commitment and framing of charges, along with previous acquittal, justified granting bail.
The principle of parity in bail decisions requires similar culpability; specific allegations against the appellant preclude bail.
The principle of parity in bail applies when co-accused face identical charges, warranting similar treatment unless distinct circumstances exist.
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