Jaya Roy, J.@mdashHeard learned Counsel for the Petitioner and learned Counsel for the State.
2. The Petitioner is accused in this case for the offence registered under Sections 302/34 of the Indian Penal Code.
3. Learned Counsel for the Petitioner submits that the prayer for bail of the Petitioner was earlier rejected twice by this Court, lastly the trial Court was directed to conclude the trial as early as possible preferably within a period of six months from the date of this order i.e. 09.09.2010 passed in B.A. No. 4838 of 2010. It is also contended that till date only six witnesses have been examined by the prosecution and five witnesses are still to be examined. It is further contended that Petitioner is in custody since 02.04.2008 i.e. more than three years and there is no specific allegation against the Petitioner.
4. Mr. S.N. Rajgharia, learned Counsel for the State submits that it is a case of double murder and report regarding the stage of the trial was called for, which shows that D.O. letter has already been sent to the S.P. Hazaribagh for procurement of the remaining witnesses, who are yet to be examined.
5. Considering the facts that the Petitioner is in custody since 02.04.2008 i.e. more than three years and there is no specific materials against the Petitioner, Petitioner above named is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of 1st Additional Sessions Judge, Hazaribag in connection with Bishnugarh P.S. Case No. 35 of 2008 corresponding to G.R. No. 892 of 2008 (S.T. No. 397 of 2008) subject to the conditions that:
(i) Petitioner will remain physically present before the trial Court on each and every date of the trial till conclusion of the trial.
(ii) one of the bailors will be his close relative and Anr. will be of local resident having immovable property within the jurisdiction of the trial Court.
