RAJA JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anil Kumar, learned counsel for the appellant and Mr. P.K.Sahay, learned A.P.P. on the prayer for bail. Mr. Kumar submitted that the case is based mainly on the fardbeyan of the deceased, which has been taken as dying declaration but except her mother and father, i.e. PWs. 1 and 2, no independent witnesses have put their signature on such fardbeyan though it was taken in Sadar Hospital, Hazaribagh, nor the Doctor, who treated the deceased, made a witness. It is further submitted that the Doctor, who treated her, was also not examined in this case and that the appellant has remained in custody for more than four years by now.

(2.) In the circumstances, during pendency of the appeal, the appellant, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/( ten thousand) with two sureties of the like amount each to the satisfaction of the trial court (6th Additional Sessions Judge, Fast Track Court, Hazaribagh) in connection with Sessions Trial No. 302 of 2006, subject to the condition that one of the bailers should be the close relative and the other bailer should have immovable property within the jurisdiction of the Court.