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Judgment
Heard learned counsel for the sole appellant and the learned counsel for the State on the interlocutory application filed by the sole appellant for granting bail during the pendency of this appeal.
Earlier the prayer for bail was rejected.
The sole appellant has been convicted and sentenced for the offence under Sections 302 / 34, 307 / 34, 201 / 34 of the Indian Penal Code. There is allegation against the appellant and the co-accused to have assaulted the mother of the deceased, causing her death. The other inmate of the house in her evidence has stated that the other co-accused had assaulted the deceased. The dead body of the deceased could not be found.
Learned counsel for the appellant has renewed the prayer for bail, submitting that the appellant is in custody since December, 2006, i.e., more than ten years.
In the facts of the case and taking into consideration the period of custody of the appellant, we are inclined to enlarge the appellant, Mohan Gope, on bail, during the pendency of this appeal. Accordingly, the appellant, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned 1st Additional Sessions Judge, Singhbhum West, Chaibasa, in connection with Sessions Trial No.114 of 2007.
The aforesaid Interlocutory Application stands allowed.