- (1.) The abovementioned two criminal appeals are arising out of the same judgement and order. They are already connected to each other. In both the appeals second bail applications have been moved which have been heard together and are being disposed of by this common order.
(2.) Heard learned counsel for the appellants, learned counsel for C.B.I. Mr. N.I. Jafri as well as the learned A.G.A. and perused the records.
(3.) It has been submitted from the side of both the appellants that their first bail applications were rejected by this Court on 9.8.2012 and thereafter a period of about 16 months has elapsed. It has further been submitted that the co-accused persons who were also found guilty and convicted in the same sessions trial namely Ranjeet Singh, Vishwanath Mishra and Data Ram Nauneria have been granted bail by different benches of this Court. It has also been submitted that co-appellant of this case namely Dina Nath Mishra has also been enlarged on bail. My attention has been drawn from the side of the appellants towards; Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat, 1999 4 SCC 421; Angana and another Vs. State of Rajasthan, 2009 3 SCC 767; P.K. Baburaj Vs. State of Kerala,2000 40 ACC 649; Rajeev Chaudhary Vs. State (NCT) of Delhi, 2001 5 SCC 34 and Amarnath Vyas Vs. State of A.P., 2007 CrLJ 2025 and it has been submitted that the appellants have been found guilty and convicted with the help of Section 120-B and they have been awarded more severe punishment as compared to the co-accused namely Ranjeet Singh, Vishwanath Mishra and Data Ram Nauneria. In this regard it has further been submitted that keeping in view the above-mentioned case laws there is every possibility that even if appeals of the appellants are dismissed, their sentences shall be reduced and minimised to the quantum of sentence awarded to the appellants whose reference has been given above. My attention has also been drawn towards Babu Singh and others Vs. The State of Uttar Pradesh, 1978 AIR(SC) 527 and it has been submitted that the appellants cannot be kept in custody indefinitely. It has further been submitted that there is no likelihood for these appeals to be heard in the near future. My attention has also been drawn towards the case law Akhilesh Kumar Singh Vs. State of Bihar, 2000 6 SCC 461 in which the Apex Court has said that while considering the bail application of a person under Section 389 Cr.P.C. it should be born in mind that what is the possibility of hearing the appeal on merits in the near future. If it is considerably long then length of period should also be considered.;