Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B) No. 403 of 2011 Brijdeo Ram @ Brijdeo Prajapati @ Birij Deo Ram Prajapati .. Appellant Versus The State of Jharkhand .. Respondent ----- CORAM HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P. P. BHATT ----- For the Appellant - Mr. Devesh Krishna For the State - Mr. A.P.P ----- 3/13.8.2013 I. A. (Cr.) No. 5571/2013 In this application, the appellant has prayed for suspension of his sentence, during pendency of this appeal. Learned counsel for the appellant submitted that the appellant was implicated in this case due to land dispute; the witnesses are the family members and are highly interested; conviction of the appellant is based on the shaky testimony of the eye-witness (PW-5); other independent witnesses have not supported the prosecution case; ocular account of PW-5 is not supported by medical evidence; the appellant is an old man aged about 60 years and he has remained in custody for more than seven years. Learned A.P.P opposed the prayer for bail of the appellant and submitted that the prosecution has examined the eye-witness and the evidence; though there are contradictions, there are sufficient evidence against the appellant; however, he has not disputed that the material witnesses were the family members and the cause of incident was the land dispute; he has also not disputed the period of custody of the appellant. Regard being had to the period of custody and also the facts and circumstances of the case, during pendency of this appeal, the above named appellant is directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C-I, Garhwa in connection with S. T. No. 172/2006. This application stands disposed of. (NARENDRA NATH TIWARI, J) S.K (P. P. BHATT, J)