Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.481 of 2010 Rajesh 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. Rajeev Ranjan Tiwary, Advocate. For the State : A.P.P. ------ I.A. No.5990 o”
09. 21.08.2013: In this application, the appellant has prayed for his release on bail during pendency of the appeal. It has been submitted that though the appellant's same prayer was earlier rejected, he has remained in custody for more than six years; his conviction is mainly based on the dying declaration which is uncorroborated; the statement used as dying declaration, in fact, does not come within that category; there are other fatal contradictions in prosecution witnesses. Learned A.P.P. opposed the appellant's prayer and submitted that there is direct allegation against the appellant in the dying declaration of the deceased that he had assaulted the deceased by fire arm; that has been also corroborated by other evidences on record. He further submitted that the appellant's prayer for bail was earlier rejected on merit and no fresh ground has been made out for reconsideration of the prayer for bail. In view of the fact that the appellant's prayer has been earlier rejected on merit and no fresh ground has been made out -2- except that he has remained in custody for some more period, we are not inclined to release the appellant on bail. Accordingly, the appellant's prayer for bail is rejected. I.A. No.5990 of 2013 stands disposed of. [Narendra Nath Tiwari, J.] [P.P. Bhatt, J.] Shamim/