SUNIL GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant-Sunil Ghosh and learned counsel for the State on I.A. No. 5469 of 2014.

(2.) Learned counsel for the appellant submits that earlier the prayer for bail of the appellant was rejected by this Hon'ble Court on 09.12.2010. He further submits that although the appellant is the husband but there is no specific allegation against the appellant of any demand of dowry and that even the postmortem report discloses that although the cause of death was asphyxia due to hanging but the doctor had opined that he did not find any external injury upon the dead body. He also submits that although the appellant has been sentenced to undergo R.I. for 10 years under section 304 B of the Indian Penal Code but he is in custody since 10.01.2008 i.e. almost 7 years and since there is no likelihood of hearing of the present case in near future, the appellant should be released on bail.

(3.) Learned counsel for the State submits that the appellant was having an illicit relationship with a widow and the appellant has not been able to give any explanation with respect to the dead body of his wife being found in his house.