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Ali ? Dharmendra Kumar Singh Vs. State of Jharkhand - Court Judgment

SooperKanoon Citation

Court

Jharkhand High Court

Decided On

Appellant

Ali ? Dharmendra Kumar Singh

Respondent

State of Jharkhand

Excerpt:


.....- stained cloth and the weapon were not sent for f.s.l examination; the appellant, thus, deserves to be released o bail. learned a.p.p as well as learned counsel for the informant opposed the prayer for bail of the appellant, but has not disputed the period of custody and the other contentions based on record. regard being had to the long period of custody, 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 judicial commissioner, f.t.c. no. 5, ranchi in connection with sessions case no. 208/2003. this application stands disposed of. (narendra nath tiwari, j) s.k (p. p. bhatt, j)

Judgment:


IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B) No. 1885 of 2004 Ali @ Dharmendra Kumar Singh .. Appellant Versus The State of Jharkhand .. Respondent ----- CORAM HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P. P. BHATT ----- For the Appellant - Mr. A.S.Dayal For the State - Mr. A.P.P ----- 9/19.8.2013 I. A. (Cr.) No. 3403/2013 In this application, the appellant has prayed for his release on bail, during pendency of this appeal. Learned counsel for the appellant submitted that though the prayers for bail of the appellant were earlier rejected by this Court, he has remained in custody for more than nine years; there is no likelihood of the appeal being taken up for hearing in near future. He further submitted that otherwise also, the entire finding of the Court below is based on very weak circumstantial evidence; the prosecution has not been able to prove the case even by circumstantial evidence, as the alleged blood - stained cloth and the weapon were not sent for F.S.L examination; the appellant, thus, deserves to be released o bail. Learned A.P.P as well as learned counsel for the informant opposed the prayer for bail of the appellant, but has not disputed the period of custody and the other contentions based on record. Regard being had to the long period of custody, 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 Judicial Commissioner, F.T.C. No. 5, Ranchi in connection with Sessions Case No. 208/2003. This application stands disposed of. (NARENDRA NATH TIWARI, J) S.K (P. P. BHATT, J)


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