Jharkhand High Court
Nageshwar Sahu vs State Of Jharkhand on 15 October, 2012
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari, Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No.982 of 2009
Nageshwar Sahu ...... Appellant.
-Versus-
The State of Jharkhand. ....... Respondent.
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CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Appellant : Mr. Rajesh Kumar, Advocate.
For the State : A.P.P.
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I.A. 1114 of 2012
6/15.10.2012: In this interlocutory application, the applicant-appellant has prayed for his release on bail during pendency of the appeal.
Learned counsel appearing on behalf of the appellant submitted that though earlier prayers for bail were rejected; the appellant has remained in custody for more than five years; the appellant's conviction under Sections 489B and 489C, IPC is wholly bad; even if the entire materials on record are taken as it is, maximum sentence for the offence under Section 489C, IPC is seven years and no case under Section 489B, IPC is made out; the appellant is in custody for a long period and there is no chance of the appeal being taken up for hearing in near future.
Learned A.P.P. opposed the appellant's prayer for bail and submitted that the appellant's same prayers have been rejected twice earlier; no fresh ground has been taken except that the appellant has remained in custody for some more period.
Regard being had to the nature of allegation and also that the appellant's prayers were earlier rejected, we are not inclined to release the appellant on bail.
Appellant's prayer for bail is rejected. However, since the appellant is in long custody, his trial deserves to be expedited.
The office is directed to list the appeal under the Heading "For Hearing" in December, 2012.
(Narendra Nath Tiwari, J.) (Prashant Kumar, J.) Shamim/