Nitish Kumar vs The State Of Jharkhand
2021 Latest Caselaw 3737 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   I.A. No. 2547 of 2021
                                              AND
                                   I.A. No. 6563 of 2020
                                              In
                        Criminal Appeal (D.B.) No. 531 of 2016
                                             ...

          Nitish Kumar                                   .......    Appellant(s).
                                      Versus
          The State of Jharkhand.                        .......      Respondent.
                                              ------
      CORAM      : HON'BLE MR. JUSTICE ANANDA SEN

: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI Through: Video Conferencing.

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For the Appellant : Mr. B.M. Tripathy, Sr. Advocate M/s Nutan Kumari Sharma and N.K. Jaiswal, Advocates.

          For the State       : A P.P.

                                      I.A. No. 2547 of 2021

11/30.9.2021            Heard learned senior counsel for the appellant and learned counsel for the
               State.

By way of filing this interlocutory application, appellant has renewed his prayer to suspend the sentence and release him on bail, during pendency of this appeal.

Learned senior counsel for the appellant submits that the appellant is suffering from serious ailment and his treatment is going on in AIMS, New Delhi. He further submits that informant and others witnesses have stated that they only came to know the name of the appellant when the police disclosed the identity before them. He also submits that naturally, the name of the appellant has been implanted in this case not by the mouth of the informant but by the police, thus the appellant has falsely been implicated in this case.

We have gone through the impugned judgment as well as deposition of the witnesses. We find that there is direct allegation against this appellant and two others for committing the murder of the deceased by using fire arm. Postmortem report supports the case of the prosecution.

Considering the aforesaid facts, we are not inclined to release the appellant on bail. Accordingly, the prayer for bail of the appellant, named above, is hereby, rejected.

However, the appellant is at liberty to pray for early hearing of this appeal before regular Bench.

Accordingly, this interlocutory application is dismissed. Office is directed to prepare the paper book in this appeal.

I.A. No. 6563 of 2020 In view of order passed in I.A. No. 2547/2021, this interlocutory application has become infructuous.

(ANANDA SEN, J.)

(SANJAY KUMAR DWIVEDI, J.) Anu/-c.p.3