Md.Mokhtar Alam and anr Vs. State of Jharkhand - Court Judgment

SooperKanoon Citationsooperkanoon.com/1007584
CourtJharkhand High Court
Decided OnAug-13-2013
AppellantMd.Mokhtar Alam and anr
RespondentState of Jharkhand
Excerpt:
in the high court of jharkhand at ranchi. cr. appeal (db) no. 1079 o”1. md. mokhtar alam 2. md. salim appellants -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 appellants : - mr.rajeev ranjan tiwari, advocate. for the state : - a.p.p. i.a. (cr.) no. 5776 of 2013 ... 11/13.08.2013 in this interlocutory application, the appellant no. 2, md. salim has prayed for his release on bail during pendency of the appeal. learned counsel for the appellants submitted that though the prayer for bail of the appellant no. 2, md. salim was earlier rejected, he has remained in custody for more than nine 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 no. 2, md. salim deserves to be released on bail. learned a.p.p. opposed the prayer for bail of the appellant no. 2, md. salim but has not disputed the said contentions. regard being had to the period of long custody, the appellant no. 2, md. salim, 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, chatra in connection with s.t. no. 100 of 2004 and s.t. no. 174 of 2004. i.a. (cr.) no. 5776 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. 1079 o”

1. Md. Mokhtar Alam 2. Md. Salim Appellants -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 Appellants : - Mr.Rajeev Ranjan Tiwari, Advocate. For the State : - A.P.P. I.A. (Cr.) No. 5776 of 2013 ... 11/13.08.2013 In this interlocutory application, the appellant no. 2, Md. Salim has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellants submitted that though the prayer for bail of the appellant no. 2, Md. Salim was earlier rejected, he has remained in custody for more than nine 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 no. 2, Md. Salim deserves to be released on bail. Learned A.P.P. opposed the prayer for bail of the appellant no. 2, Md. Salim but has not disputed the said contentions. Regard being had to the period of long custody, the appellant no. 2, Md. Salim, 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, Chatra in connection with S.T. No. 100 of 2004 and S.T. No. 174 of 2004. I.A. (Cr.) No. 5776 of 2013 is disposed of. (Narendra Nath Tiwari, J) (P.P. Bhatt, J.) APK