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Judgment
Heard learned counsel for the appellant and learned counsel for the State on the interlocutory application filed by the appellant for granting bail during the pendency of the appeal.
The appellant has been convicted and sentenced for the offences under Sections 460 and 302 / 34 of the Indian Penal Code.
The informant is the father of the victim girl, who was burnt to death. It is alleged that at the time of committing theft in the house, she was burnt and the case was instituted against unknown. The deceased died in the hospital. Subsequently, it is claimed that for some moment, the deceased gained consciousness in the hospital, when she disclosed the names of the accused persons, including the appellant, on the basis of which, the appellant has been convicted and sentenced by the Trial Court below.
We find from the record that there is no evidence of treating Doctor to show that the deceased gained consciousness in the hospital for few moments. We also find from the impugned Judgment that the appellant was on bail during the pendency of the trial.
. In the facts and circumstances of the case, we are inclined to release the appellant on bail. Accordingly, the appellant Radhey Shyam Chourasia is directed to be released on bail during the pendency of the appeal, on furnishing bail bond of Rs.10,000/- (Ten thousand ) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Palamau at Daltonganj, in connection with S.T. No.118 of 2008.
The aforesaid interlocutory applications stand allowed.