SANDIP KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajeeva Sharma, learned senior counsel appearing for the appellant, Mr. Prabhat Kumar Sinha, learned counsel appearing for the informant and Mr. Sanjay Kumar Pandey, Addl. P.P. appearing for the State on the Interlocutory Application bearing I.A. No. 7598 of 2016, wherein prayer has been made to enlarge the appellant- Sandip Kumar on bail.

(2.) Mr. Rajeeva Sharma, learned senior counsel for the appellant, submitted that the appellant has been convicted for the offence under Sec. 302/34 and 498A/34 of the Indian Penal Code and sentenced to undergo R.I. for life besides fine. Learned counsel has further submitted that the appellant is in custody since 08.02.2012 i.e. about more than five years. There is no direct material against the appellant and he has further submitted that the deceased had committed suicide. He submits that the trial court has not considered the evidence of P.W.1 and this criminal appeal is not likely to reach within 10 years and, therefore, he may be released on bail.

(3.) Mr. Sanjay Kumar Pandey, learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail of the appellant on the ground that the incident took place within a year of marriage and the dead body was recovered from the matrimonial house. P.W. 7, the doctor, who conducted the autopsy, opined that the cause of death was asphyxia due to strangulation and issued the postmortem report (Ext. 10). In his evidence P.W.1, neighbour of the deceased, has stated that there was injury marks on the body of the deceased and P.Ws. 2, 3 & 4 also corroborates the same, therefore, he may not be released on bail.