Amanat Mian @ Amanat Ansari, son of Rustam Ali @ Rustam Ansari, resident of Rangamati, Bahi, P.O. and P.S. Nirsa, District Dhanbad - Appellant @HASH The State of Jharkhand

Virender Singh, C.J. - I.A. No. 801 of 2016

This is the second attempt made by the applicant-appellant for the concession of suspension of sentence during the pendency of the main appeal, the earlier prayer having been rejected by the Court vide order dated 16.09.2015.

Mr. Tewari, learned counsel appearing for the applicant-appellant, submitted that the present incident has taken place after 16 years of the marriage for which there appears to be no motive in the bosom of the applicant-appellant. He then submitted that he, perhaps at this stage would not be in a position to press the instant prayer on merits of the case when at earlier occasion the Court while declining with the said prayer has referred to the prosecution evidence as one finds from the earlier order dated 16.09.2015, but at the time of death, the deceased had left behind three children, two girls and one boy, the youngest one is the boy. Learned counsel submitted that at the time of occurrence, the eldest daughter was of the age of 12/13 years and the second after her was of the age of 10 years.

Both of them are now grown up and the eldest one is of the age of 22/23 years at this stage. Learned counsel submitted that the applicant-appellant thus, has certain obligations towards his three children, out of which two are grown up daughters.

Learned counsel further submitted that the applicant-appellant was on bail during trial after staying in jail for initially about 11 years and is now languishing in jail since the date of suffering of the judgment of conviction vide impugned judgment dated 31.01.2015.

Keeping in view the totality of the facts and circumstances of the case, especially the condition of the family of the applicant-appellant where he has obligations towards his two grown up daughters, one of them already reached marriageable age, further incarceration of the applicant-appellant would not be justified. Besides that, the instant appeal is of the year 2015 only and not likely to be heard in near future on account of heavy pendency of other appeals filed much prior to it and not taken up also.

Viewed thus, the instant application is allowed, as prayed for.

Let the applicant-appellant namely, Amanat Mian @ Amanat Ansari, be released on bail, during the pendency of the instant appeal, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-VI, Special Fast Track Court, Dhanbad, in connection with S.T. No. 314/2005.

We, however, make it clear that the applicant-appellant shall cause his appearance before the SHO, Nirsa Police Station (District-Dhanbad) in the first week of every month and that his presence shall be recorded in the Station Diary regularly maintained by the police station.