RAMESHWAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this I.A., appellants, namely, Rameshwar Das and Bipin Chandra 8/17.9.2013 Tamsoy, have prayed for their release on bail, during pendency of this appeal. Learned counsel for the appellants submitted that though the appellants' same prayer was earlier rejected, they have remained in custody for about 11 years; appellants have been convicted merely on suspicion; there is no eye witness of the assault or committing murder of the deceased;the only evidence on the record is that the appellants were last seen with the deceased; Confession made by appellant no.1 has been erroneously relied on as legal evidence, the appeal is of the year 2003; there is no likelihood of appeal being taken up for hearing in near future.

(2.) LEARNED A.P . opposed the appellants' prayer and submitted that appellants have been convicted for the charges under sections 364,302/34,201 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch(Daain) Practices Act; P.W.7,P.W8, and P.W.11 had seen kidnapping of the deceased by the accused persons; the appellant no.1Rameshwar Das has confessed his guilt and on his confession, dead body of the deceased was recovered; he has accepted that he had slit the neck of the deceased by means of knife; there is a cogent material against appellant no.1 Rameshwar Das; appellant no.2 Bipin Chandra Tamsoy was seen with the deceased by the aforesaid witnesses and thereafter dead body of the deceased was recovered, there is strong circumstantial evidence also against him. Regard being had to the facts and material on record, we are not inclined to enlarge the appellant no.1 namely, Rameshwar Das on bail. His prayer is rejected. However, appellant No.2 Bipin Chandra Tamsoy is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge, F.T.C No. III Chaibasa in connection with S.T. No.27 of 2003/20 of 2003. I.A. No. 5582 of 2013 stands disposed of.