BALRAM SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The applicant -appellant namely Balram Singh is praying for suspension of substantive sentence during the pendency of the appeal. He alongwith his two co -accused, namely Ram Janam Singh and Ram Nath Singh stand convicted for the offence under Section 304 -Part -II IPC and Section 452/34 IPC. The sentence slapped upon all the three accused for the main charge of Section 304 -Part -II IPC is 10 years. Record reveals that the aforesaid two co -convicts of the applicant -appellant have already been granted concession of suspension of sentence by the co -ordinate Bench of this Court vide order dated 03.12.2014 passed in separate appeal being Cr. Appeal (DB) No.299 of 2014 and that at an early occasion, learned counsel for the applicant -appellant did not press the prayer for bail of the present applicant -appellant as by that time the period he had already undergone was very less. However, by now the applicant -appellant has undergone more than three years. He then submitted that in the present set of circumstances, the period already undergone by him may also be considered for the purposes of releasing him on bail during the pendency of the main appeal.

(2.) Regard being had to the facts and circumstances of the present case and the fact that the two co -accused of the applicant -appellant have already been granted concession of bail, the present applicant - appellant also deserves the same relief.

(3.) Resultantly, the instant application is allowed as prayed for. Let the applicant -appellant namely, Balram Singh be released on bail, during the pendency of the instant appeal, on furnishing bail bond of Rs.10,000/ - (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge -II, Garhwa, in connection with Sessions Trial No. 152 of 2013.