Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 582 of 2009 Dinesh Bhuiyan ..Appellant Versus The State of Jharkhand .Respondent ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI : HON'BLE MR. JUSTICE P.P. BHATT ---- For the Appellant : Mr. A.K. Chaturvedi, Advocate For the State : APP --- I.A. No. 5824/2013 11/21-08-2013 In this I.A., the appellant has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that the conviction of the appellant is based on the testimony of the solitary eye witness -P.W-4; there are several fatal contradictions in her deposition, and other witnesses have turned hostile; the appellant has remained in custody for about eight years. Learned A.P.P. opposed the appellant's prayer and submitted that the appellant is the only assailant and charge against him has been proved by the eye witness-P.W.-4 with strong corroboration of medical evidence; his prayer for bail was earlier rejected after considering the prayer on merit; no fresh ground has been made out except that the appellant has remained in custody for some more period. Regard being had to the nature of the material on record and the finding against the appellant, as also that the appellant's prayer has been rejected earlier on merit, we are not inclined to release the appellant on bail. The prayer for bail of the appellant is, accordingly, rejected. However, since the appellant has remained in custody for about 8 years, the appeal deserves to be heard at an early date. Office is directed to list this case under the heading "For Hearing" on 26th September, 2013. I.A. No. 5824/2013 is disposed of. ( Narendra Nath Tiwari, J) (P.P. Bhatt, J) Rakesh/