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2017 DIGILAW 282 (JHR)

Ataul Ansari v. State Of Jharkhand

2017-02-09

ANANDA SEN, PRADIP KUMAR MOHANTY

body2017
JUDGMENT I.A. No. 2666 of 2016 Heard learned counsel appearing for the appellant and learned Addl. P.P. appearing for State, on the Interlocutory Application bearing I.A. No. 2666 of 2016, wherein prayer has been made to enlarge the appellant above named, on bail, during pendency of the instant appeal. 2. Learned counsel appearing for the appellant submits that the appellant is the distant relative of the deceased. He further submits that from the date of judgment, he is languishing in jail custody and absolutely there is no material against the present appellant and all the witnesses have turned hostile, but the trial court has illegally convicted the present appellant under Sections 302/34 of the Indian Penal Code. He further submits that this criminal appeal will not likely to reach within 20 years and, therefore, relying upon the decision rendered in the case of Surinder Singh @ Shingara Singh v. State of Punjab, reported in (2005) 7 SCC 387 , the appellant prays that he may be released on bail. 3. Learned Additional Public Prosecutor appearing for the State vehemently opposes the prayer for bail on the ground that the marriage was solemnized on 11.05.2012 and the occurrence occurred on 04.11.2014, within two and half years of the marriage and further dead body was recovered from the house of co-convict Mubarak Ansari (husband) and the Doctor specifically stated that death was due to strangulation and, therefore, bail may not be granted to the appellant. 4. Perused the Lower Court Records. 5. Considering the evidence of P.W. 4, P.W. 5 (I.O.), P.W. 6, postmortem report Ext. 3 and the period of custody, this Court, by applying the ratio of the decision rendered in the case of Surinder Singh (supra) and also the fact that this criminal appeal will not likely to reach within 10 years, during pendency of the appeal, directs the trial court (learned Addl. Sessions Judge-III, Palamau at Daltonganj) to admit the appellant above named on bail, on such terms and conditions as it may deem fit and proper in connection with Sessions Trial No. 179 of 2015. 6. Accordingly, I.A. No. 2666 of 2016 stands disposed of.