Ranjeet Singh, son of Late Shashi Lal Singh, resident of village Lady Dumar, P.O. Jhagrahi, P.S. Barora, District Dhanbad - Appellant @HASH The State of Jharkhand

Virender Singh, C.J. - I.A. No. 3404 of 2016

At the very outset, Mr. K.P. Deo, learned counsel for the applicant-appellant states that inadvertently, the date of incarceration of the applicant-appellant is mentioned as 20.10.2010 whereas, it is 18.10.2009 and this makes the difference of one year. Incarceration period of the applicant-appellant is not controverted by the learned State counsel.

This is the third attempt made by the convict-Ranjeet Singh for suspension of sentence during the pendency of the appeal.

Heard the learned counsel for both the sides.

In all eight accused persons including the applicant-appellant stand convicted vide impugned judgment for the charges punishable under Section 302/34 r/w 201 I.P.C. and in all five appeals have been filed by all the eight accused.

At the very outset, Mr. K.P. Deo, learned counsel for the applicant-appellant states that although, this is the third attempt made by the applicant-appellant for suspension of sentence during the pendency of the main appeal, but there are certain changed circumstances favouring the applicant-appellant viz, after the rejection of the second bail application of the applicant-appellant, another co-convict who has been convicted for the same charge has been granted bail by the Court vide order dated 04.12.2015 in Cr. Appeal (DB) No. 395 of 2011. He then submitted that the applicant-appellant by now has undergone about 7 years of his substantive sentence; the exact period comes to be 6 years 8 months and few days. The learned counsel further submitted that the present case is resting upon circumstantial evidence and the planks collected by the prosecution do not prove the chain of the circumstances pointing out towards the guilt of the present applicant-appellant, except the fact that he called the deceased from his house. He then submitted that the instant appeal, being of the year 2011, is not likely to be taken up in near future on account of heavy pendency of other appeals pending in this Court and filed much prior to it.

Although, the prayer made by the learned counsel for the applicant-appellant is opposed by the learned State counsel, yet keeping in view the totality of the facts and circumstances of the case coupled with the fact that the present case is hinging upon the circumstantial evidence and the fact that the applicant-appellant is languishing in jail for the last 7 years and there appears to be no possibility of hearing of the appeal in near future, he deserves the concession of suspension of sentence.

Resultantly, the instant application is allowed, as prayed for.

Let the applicant-appellant namely, Ranjeet Singh, be released on bail, during the pendency of the instant appeal, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, Dhanbad in connection with Sessions Trial No. 102/2010, arising out of Baghmara (Barora) P.S. Case No. 261 of 2009, corresponding to G.R. No. 3395 of 2009.