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Judgment
I.A. No. 635 of 2017
The present interlocutory application has been filed on behalf of the
appellant praying for grant of bail after suspending the sentence during the
pendency of the appeal, who has faced trial in Sessions Trial No.130 of 2009 and
by judgment of conviction dated 16.12.2014 and order of sentence dated
19.12.2014 passed by Shri Shiv Pal Singh, learned Addl. Sessions Judge 3rd,
Hazaribag whereby and wherreunder the appellant was convicted under section
306 I.P.C and he was sentenced to undergo R.I for seven years and a sum of rupees
5,000/- has been imposed as fine to the appellant and in default of payment of fine,
further imprisonment for six months.
It was submitted by the counsel for the appellant that the appellant has
remained in custody about two and half years. Further, it has been submitted that
eight witnesses have been examined in this case but none of the independent
witnesses has supported the version of the informant-P.W.7. It is further submitted
that neither the seized materials were sent for chemical examination nor the seized
materials were produced in the trial court. It is further submitted that doctor P.W.8
who held the post mortem of deceased Kamrun Nisha and her two children, has not
given opinion regarding cause of death of deceased persons, further vescera report
was not produced before the trial court.
Learned APP has opposed the prayer for bail.
In the facts and circumstances of the case, above named appellant is directed
to be released on bail during pendency of this instant appeal on furnishing bail
bond of Rs. 10,000/- (Rupees ten thousands), with two sureties of the like amount
each to the satisfaction of Shri Shiv Pal Singh, learned Addl. Sessions Judge 3rd, Hazaribag in connection with Sessions Trial No. 130 of 2009.
I.A. No.635 of 2017 stands allowed and disposed of.
Let a copy of this order be transmitted to the court below through FAX.