REMAY KARWA Vs. STATE OF JHARKH

JUDGEMENT

(1.) Heard Mr. Mahadeo Thakur, learned counsel for the appellants and Mr.S.K.Sharma, learned Addl. P.P. appearing for the State on the Interlocutory Application bearing I.A. No. 3757 of 2016, wherein prayer has been made to enlarge the appellants, Remay Karwa, Modga Hessa and Landu Karwa on bail.

(2.) Mr. Mahadeo Thakur, counsel for the appellants submitted that the appellants have been convicted for the offence under Section 376(2)(g) of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. Learned counsel further submits that the appellants were in custody since the year 2009, i.e., more than eight years. It is further submitted that this appeal is not likely to be heard within ten years and therefore, the appellants may be released on bail.

(3.) Mr. S.K.Sharma, learned Addl. P.P. appearing for the State, has vehemently opposed the prayer for bail of the appellants and submitted that P.W.2, the victim girl, aged about 19 years specifically stated that gang rape has been committed upon her by the appellants. He further submitted that out of the said act, one child was born. P.W.11, Dr. Meera Kumari Arun, who conducted medical examination of the victim girl has opined that gang rape has been committed and hence, these appellants do not deserve to be released on bail.