P MANICKAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein stands convicted along with six other persons, for offences under Sections 120 -B, 148,449, 302 r/w 149 and 427 IPC and sentenced to undergo imprisonment for life, by judgment dated 21.12.1994 in S.C.No.l 13 of 1993 on the file of the Additional Sessions Judge, Erode. He was arrayed as the second accused and now he is seeking for suspension of sentence of imprisonment imposed on him and to enlarge him on bail, pending disposal of C.A.No.224 of 1996 on the file of this Court.

(2.) THE petitioner is seeking bail on the grounds that has been in jail for the last two years and there is no clinching evidence to connect him with the crime and that the co -accused is on bail.

(3.) THE point with which we are confronted is whether the person convicted for offence under Section 302, IPC is entitled for bail during the pendency of the appeal?