PARMESHWAR VISHWAKARMA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) IT is submitted by Mr. Deepak Kumar, learned counsel appearing for the appellant, that though the prayer for bail was rejected on 8.12.2005 but the appellant has remained in jail for about 8 years by now and he is aged about 62 years and that there are vital contradictions in the prosecution witnesses and that the appellant has been falsely implicated due to land dispute and that in this case the appellant has been convicted under Section 376 I.P.C. but he has been sentenced to life imprisonment and that the medical evidence does not support the prosecution case. On the other hand, learned counsel appearing for the State opposed the prayer for bail and submitted that the victim in the present case lodged sanha that she was being threatened to withdraw this case and thereafter she was killed for which Giridih (M) P.S. Case No. 83 of 2005 under Section 302/201/120 -B/34 I.P.C. was lodged. He therefore, submitted that the appellant not only committed rape on the victim but also threatened her to withdraw the case and ultimately killed her and that the witnesses had seen the appellant in the house/fleeing from the house of the victim after the alleged occurrence.

(2.) IN reply, Mr. Deepak Kumar submitted that the appellant was in jail in this case and therefore it was wrong if sanha was lodged alleging that he threatened the victim and that the appellant was granted bail in the said case in Cr. Appeal (DB) No. 1501 of 2007 on 18.12.2009.

(3.) AFTER considering the submissions and the records, we are not inclined to reconsider the prayer for bail of the appellant.