Md. Taiyab Ansari @ Viru vs State Of Jharkhand

Heard the learned counsel for the appellant, the learned counsel for the State and the learned counsel for the informant.

By way of filing this interlocutory application the appellant has renewed his prayer to release the appellant on bail after suspending the sentence on the ground that he is in custody for more than 10 and half years.

The learned counsel for the appellant submits that there is no likelihood of this appeal being taken up in near future. He further submits that the co-convict namely Md. Amin Ansari @ Md.Amin, Mustaq Ansari @ Md. Mustaq Ansari @ Mustaq, Saqlain Ahmad and Wasim Ansari have been granted bail by the coordinate Benches of this Court, photocopy of the orders have been annexed with this I.A.

The learned counsel for the informant opposes the prayer for bail and submits that this is a case of contract killing and the appellant was given contract to kill the deceased. He submits that on the confessional statement of this appellant, from the possession of the other co-convicts who have been released on bail, the murder weapon was recovered.

Considering the submission of the parties and considering the fact that there is no direct eye witness to the occurrence and the fact that the similarly situated co-convicts have been granted bail by the coordinate Bench of this Court and the appellant is in custody for more than 10 years and there is no likelihood of this appeal being taken up in near future, we are inclined to release this appellant on bail after suspending the sentence, during pendency of this appeal. The sentence against the appellant namely, Md. Taiyab Ansari @ Viru, is suspended and he is directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Judicial Commissioner–VI, Ranchi in connection with S.T.No.342 of 2012, arising out of Ormanjhi P.S.Case No.160 of 2011, corresponding to G.R. No.5819 of 2012, subject to the condition that he will appear and mark his attendance once in every four months before the Registrar, Civil Court, Ranchi till the disposal of this appeal.

Accordingly, this interlocutory application stands allowed.