Samsuddin Mian and Others vs State of Jharkhand

Virender Singh, C.J.

I.A. No. 3298 of 2014

Applicant-appellant-Samsuddin Mian is stated to be of the age of 75/76 years. When his bail application was lastly considered by this Court and rejected, the office was directed to list the appeal for final hearing in the first week of December, 2013 making it further clear that if the appeal is not heard till June, 2014, the applicant-appellant shall be at liberty to renew his prayer for bail. Hence, the instant application. It would be apt to reproduce the order dated 31.10.2013. It reads:-

"In this I.A., the appellant No. 1-Samsuddin Mian has prayed for his release on bail during pendency of the appeal.

Learned counsel for the appellant submitted that though his same prayer was earlier rejected, he has remained in custody for more than 5 years; the appellant is above 75 years and there is no likelihood of appeal being taken up for hearing in near future.

Learned APP opposed the appellant''s prayer and submitted that his prayer for bail was earlier considered and rejected twice on merit and no fresh ground has been made out for reconsideration of the prayer.

Regard being had to the fact that the appellant''s prayer was earlier rejected on considering the materials on record on merit and no fresh ground has been made out, we are not inclined to release the appellant No. 1 on bail. His prayer for bail is, accordingly, rejected.

However, since the appellant No. 1 is a senior citizen, this appeal deserves to be heard at an early date.

Office is directed to list this case under the heading "For Hearing" in first week of December, 2013.

If the appeal is not heard till 30th June, 2014, the appellant No. 1 shall be at liberty to renew his prayer for bail.

I.A. No. 7921 of 2013 is disposed of."

Learned counsel submits that there is no likelihood of the instant appeal being heard in near future for the reason that the Court is hearing other appeals starting from year 2002 considering the custody period. Learned counsel further submits that the applicant-appellant is suffering from many ailments.

Learned State counsel, after getting me latest health condition report of the applicant-appellant from the concerned Medical Officer of the jail, states that the applicant-appellant, who undoubtedly is getting the required treatment, is having some cardiac problem for which he has been referred for Angiography. He also remained hospitalized from 17.05.2014 to 12.06.2014.

Considering the age factor, the health factor and the fact that there is no likelihood of hearing the instant appeal in near future, the applicant-appellant deserves the concession of suspension of sentence.

Resultantly, the application on hand stands allowed.

Applicant-appellant-Samsuddin Mian shall be released on bail, during the pendency of the instant appeal, on his 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-III, Fast Track Court, Jamtara in connection with Sessions Trial No. 76 of 2008.

I.A. No. 3298 of 2014 stands disposed of. Registry is directed to convey the order to the concerned Court without any delay.