AZAD ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this interlocutory application, appellant-Azad Ansari has prayed for his release on bail during pendency of the appeal.

(2.) Learned counsel for the appellant submitted that appellant along with other six persons was tried for the offence under Sections 396 and 412 of the Indian Penal Code but the appellant has been acquitted for the charge under Section 396 of the Indian Penal Code, though he has been convicted for the charge under Section 412 of the Indian Penal Code on the basis of recovery of incriminating article i.e. lady watch but the same was not proved; I.O. has specifically observed that the said article was not sealed; seizure witnesses have not supported the seizure; co-accused Jamuna Prasad with similar allegation and material/ evidence on record and also with the additional ground that he is aged about 74 years, has been granted bail by this Court vide order dated 14.8.2013 in Cr. Appeal (DB) No. 224 of 2013.

(3.) Learned A.P.P. opposed the appellant's prayer for bail, but has not disputed the said facts and contentions based on record.