AKHILESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 8726 of 2013 In this I.A., the appellant has prayed for his release on bail during pendency of the appeal.

(2.) It has been submitted that the appellant was earlier granted bail by this Court by order dated 14.08.2007, inter-alia, imposing conditions that both the bailors must be the Government servants and that the appellant shall furnish personal bonds surrendering himself before the court below and that he shall report to the trial court during pendency of the appeal every 3rd month, preferably on first Monday. The appellant, however, could not comply with the said conditions due to threat perception of his life and had filed an application. The appellant, in that view, had prayed for a direction to appear before any other court in the State of Jharkhand, but the same was not allowed. Non-compliance of the said conditions was under the said circumstance beyond the control of the petitioner.

(3.) Learned counsel submitted that now the situation has changed. The petitioner has undertaken to abide by any condition as may be imposed by this Court for his release on bail. Learned counsel submitted that most of the prosecution witnesses have turned hostile and evidence of other PWs are weak and contradictory. The appeal is of the year 2006 and the appellant has been in custody for a long period. The petitioner's earlier prayer for bail was rejected by order dated 5.9.2013 giving liberty to the petitioner to renew his prayer if the appeal is not heard within three months. Since the appeal could not be heard till date, the petitioner has filed this application for his release on bail during pendency of the appeal.