Neel Kanth Mandal Vs. State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI. Cr. Appeal (DB) No. 719 of 2005 Neel Kanth Mandal 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. K. P. Deo, Advocate. For the State : - A.P.P. I.A. (Cr.) No. 5597 of 2013 ... 07/22.08.2013 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 eight years; in the F.I.R., there is no specific allegation of inflicting any injury on the deceased against this appellant; however, the story was subsequently concocted at the time of trial that he had inflicted the cut injury on the neck of the deceased; there are inconsistent versions in the testimonies of the P.Ws. and the subsequent story has not been supported and corroborated by any independent evidence; the alleged number of injuries has not been corroborated by the medical evidence; the genesis of the occurrence is land dispute; all the material witnesses are interested witnesses; the appeal is of the year 2005, there is no likelihood of appeal being taken up for hearing in near future. Learned A.P.P. opposed the appellant's prayer for bail but has not disputed the said contentions based on record. He has also not disputed the period of custody. Regard being had to the period of long custody and other facts and circumstances, 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 Additional Sessions Judge, Fast Track Court No. 4, Deoghar in Sessions Case No.129 of 2003. I.A. (Cr.) No. 5597 of 2013 is disposed of. (Narendra Nath Tiwari, J) (P.P. Bhatt, J.) APK