Nirmal Das Vs. State of Jharkhand - Court Judgment

SooperKanoon Citationsooperkanoon.com/1007561
CourtJharkhand High Court
Decided OnAug-13-2013
AppellantNirmal Das
RespondentState of Jharkhand
Excerpt:
in the high court of jharkhand at ranchi. cr. appeal (db) no. 174 of 2010 nirmal das appellant -v e r s u s- the state of jharkhand respondent. coram: - honble mr. justice narendra nath tiwari. honble mr. justice p.p. bhatt. for the appellant : - mr. r.c.p. das, advocate. for the state : - a.p.p. i.a. (cr.) no. 5586 of 2013 ... 09/13.08.2013 in this interlocutory application, the appellant, above named, has prayed for his release on bail during pendency of the appeal. learned counsel for the appellant submitted that though the appellant's prayer for bail was earlier rejected, he has remained in custody for more than seven years; there is no likelihood of appeal being taken up for hearing in near future; in view of the period of long custody, the appellant deserves to be released on bail. learned a.p.p. opposed the appellant's prayer for bail but has not disputed the said contentions. regard being had to the period of long custody, the appellant, above-named, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of rs.10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned sessions judge, west singhbhum at chaibasa in sessions trial no. 43 of 2006. i.a. (cr.) no. 5586 of 2013 is disposed of. (narendra nath tiwari, j) (p.p. bhatt, j.) apk
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI. Cr. Appeal (DB) No. 174 of 2010 Nirmal Das Appellant -V e r s u s- The State of Jharkhand Respondent. CORAM: - HONBLE MR. JUSTICE NARENDRA NATH TIWARI. HONBLE MR. JUSTICE P.P. BHATT. For the Appellant : - Mr. R.C.P. Das, Advocate. For the State : - A.P.P. I.A. (Cr.) No. 5586 of 2013 ... 09/13.08.2013 In this interlocutory application, the appellant, above named, has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that though the appellant's prayer for bail was earlier rejected, he has remained in custody for more than seven years; there is no likelihood of appeal being taken up for hearing in near future; in view of the period of long custody, the appellant deserves to be released on bail. Learned A.P.P. opposed the appellant's prayer for bail but has not disputed the said contentions. Regard being had to the period of long custody, the appellant, above-named, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 43 of 2006. I.A. (Cr.) No. 5586 of 2013 is disposed of. (Narendra Nath Tiwari, J) (P.P. Bhatt, J.) APK