Anwarul Seikh vs The State Of Jharkhand
2022 Latest Caselaw 356 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Appeal (D.B.) No. 1014 of 2018
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          Anwarul Seikh                             ... ... Appellant
                                   Versus
          The State of Jharkhand                 ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. R.S. Mazumdar, Sr. Advocate For the Respondent : Mr. Saket Kumar, A.P.P.

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I.A.(Cr.) No. 4161 of 2021 04/09.02.2022 Heard Mr. R.S. Mazumdar, learned Senior Counsel for the appellant and Mr. Saket Kumar, learned A.P.P. for the respondent.

Through this interlocutory application, the appellant has prayed for grant of bail to him during the pendency of this appeal.

It has been submitted by the learned Senior Counsel for the appellant that there are no eye-witnesses to the occurrence. It has further been submitted that only on the basis of the appellant being last seen with the deceased he has been implicated in the present case. Learned Senior Counsel while referring to the impugned judgment has submitted that based on the Forensic Science Laboratory report the appellant has been convicted. It has also been submitted that the appellant is in custody since 22.10.2012.

Learned A.P.P. has opposed the prayer for bail of the appellant.

It appears that the victim is a nine years old child who was subjected to rape by the appellant and another accused. The evidence of the witnesses clearly reveal that the appellant and Naim Seikh @ Lamboo had taken away the deceased and subsequent thereto in the morning her dead body was recovered. The close proximity of being last seen with the deceased and the recovery of the dead body leads to an inference about the active participation of the appellant in committing rape upon the victim.

In view of the above, we are not inclined to grant bail to the appellant. This application accordingly stands rejected.

Criminal Appeal (D.B.) No. 1014 of 2018 Since it has been submitted that the appellant has remained in custody for about 9½ years, we are inclined to hear this appeal on merits.

Accordingly, let this case be listed under the heading "For Final Hearing" in the last week of March, 2022.

Office is directed to prepare the paper book immediately.

(Rongon Mukhopadhyay, J.)

(Sanjay Prasad, J.)

Alok/-