ATUL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and learned Addl. P.P. appearing for State, on the Interlocutory Application bearing I.A. No. 2666 of 2016, wherein prayer has been made to enlarge the appellant above named, on bail, during pendency of the instant appeal.

(2.) Learned counsel appearing for the appellant submits that the appellant is the distant relative of the deceased. He further submits that from the date of judgment, he is languishing in jail custody and absolutely there is no material against the present appellant and all the witnesses have turned hostile, but the trial court has illegally convicted the present appellant under Sections 302/34 of the Indian Penal Code. He further submits that this criminal appeal will not likely to reach within 20 years and, therefore, relying upon the decision rendered in the case of Surinder Singh @ Shingara Singh v. State of Punjab, 2005 AIR(SC) 3669, the appellant prays that he may be released on bail.

(3.) Learned Additional Public Prosecutor appearing for the State vehemently opposes the prayer for bail on the ground that the marriage was solemnized on 11.05.2012 and the occurrence occurred on 04.11.2014, within two and half years of the marriage and further dead body was recovered from the house of co-convict Mubarak Ansari (husband) and the Doctor specifically stated that death was due to strangulation and, therefore, bail may not be granted to the appellant.