Anand Roy Alias Mithu Roy Vs. State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.291 of 2013 Anand Roy @ Mithu Roy …… Appellant -Versus- The State of Jharkhand. ..….. Respondent. ------ CORAM : HON’BLE MR. JUSTICE NARENDRA NATH TIWARI HON’BLE MR. JUSTICE P.P. BHATT ------ For the Appellant : Mr. Navin Kumar Singh, Advocate For the State : A.P.P. ------ 5/16.09.2013 : On receipt of lower court's record, learned counsel for the appellant has pressed the appellant's prayer for suspension of sentence and his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that there is no eye-witness to the occurrence; the only evidence on record is that the appellant was seen fleeing away from the spot; there is no other evidence in support of the prosecution case; appellant is the neighbour of the deceased and his presence at the place of occurrence is not unnatural. Learned A.P.P. opposed the appellant's prayer and submitted that the eye-witnesses P.W. Nos. 2, 3, 4, 5 and 6, who are neighbours, have consistently deposed that just after the murder of the deceased the appellant was seen fleeing away from the scene of occurrence and the deceased was found in the pool of blood; eye-witness P.W.No.7 has also stated that just after the occurrence the deceased had disclosed that the injury was inflicted by the appellant; he, thereafter, died on the way to hospital, ocular testimony is supported by the medical evidence; there are sufficient material and evidence on record against the appellant. Regard being had to the facts and materials on record, we are not inclined to release the appellant on bail. Appellant's prayer for bail is rejected. [Narendra Nath Tiwari, J.] [P.P. Bhatt, J.] Shamim/