BABUWA MAHTO AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. S. N. Tiwari, learned counsel for the appellants and Mr. G. S. Prasad, learned Addl. P. P. appearing for the State on the Interlocutory Application bearing I.A. No. 1101 of 2017, wherein prayer has been made to enlarge the appellants, Babuwa Mahto and Basant Yadav on bail.

(2.) Mr. S. N.Tiwari, counsel for the appellants submitted that the appellants have been convicted for the offence under Sections 147/148/307/149 and 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Learned counsel further submits that the appellants were all along on bail and never misused the privilege of bail granted to them. Learned counsel further submits that the appellants were in custody since the date of judgment, i.e. 17.1.2017. It is further submitted that this appeal is not likely to be heard within twenty years and therefore, the appellants may be released on bail.

(3.) Mr. G. S. Prasad, learned Addl. P. P. appearing for the State, has vehemently opposed the prayer for bail of the appellants and submitted that eye-witnesses, P.Ws.1 to 4 have specifically stated that all the co-accused persons including these appellants assaulted the deceased with fists and lathi (danda), as a result of which the deceased died and hence, these appellants do not deserve to be released on bail.