Shamim Ansari vs The State Of Jharkhand
2022 Latest Caselaw 694 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 I.A. No. 6735 of 2021
                                            In
                        Criminal Appeal (D.B.) No. 494 of 2016
                                           ...

           Shamim Ansari                              .......      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(s)     : Mr. Kaushik Sarkhel, Advocate
           For the State            : A.P.P.

                                   I.A. No. 6735 of 2021

06/24.02.2022        Heard learned counsel for the appellant and learned counsel for the State.

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

Earlier the prayer for bail of the appellant was rejected. Counsel for the appellant submits that there is sole eye witness , who is a child witness and his testimony cannot be accepted. He further submits that the family members who were present at the time of occurrence, have not been examined, thus the sentence of the appellant can be suspended. He lastly submits that the appellant is in custody for more than seven and half years.

After going through the record as well as judgment impugned, we find that the eye witness is the son of the appellant and deceased is the wife of this appellant. The child eye witness was sleeping and woke up after hearing the sound of gun fire and saw this appellant standing with gun and his mother was lying in pool of blood.

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.

Accordingly, this interlocutory application is dismissed.

(ANANDA SEN, J.)

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