Passing Sawaiyan vs State Of Jharkhand

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

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 of custody which is more than 10 years 6 months.

The learned counsel for the appellant submits that there is no likelihood of this appeal being taken up in near future.

The learned A.P.P. opposes the prayer for bail.

Considering the period of custody which is more than 10 years 6 months and there is no likelihood of this appeal being taken up in near future and also considering the fact that there is no eye-witness of the murder, we are inclined to release this appellant on bail after suspending the sentence, during pendency of this appeal. The sentence against the appellant namely, Passing Sawaiyan, 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 Sessions Judge-I, West Singhbhum at Chaibasa in connection with S.T.Case No.29 of 2012, corresponding to G.R.No.364 of 2011 [Mufassil P.S.Case No.85 of 2011], subject to the condition that he will appear and mark his attendance once in every four months before the Registrar, Civil Court, West Singhbhum, at Chaibasa till the disposal of this appeal.

Accordingly, this interlocutory application stands allowed.