- (1.) IN this interlocutory application, the appellant, above named, has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that though the appellant's same prayer was earlier rejected, he has remained in custody for more than nine years; the appeal is of the year 2007 and there is no likelihood of appeal being taken up for hearing in near future.
(2.) LEARNED A.P.P. opposed the appellant's prayer for bail and submitted that the appellant is husband and there was charge of burning his wife to death; his conviction is based on dying declaration of the deceased; she had stated that the appellant had sprinkled kerosene oil on her body and set her on fire; appellant's prayer for bail was rejected considering material and evidences on record and no new ground has been made out for reconsideration of his prayer for bail. Regard being had to the nature of the case and material and evidences on record as also the fact that the appellant's prayer was earlier rejected on merit and no fresh ground has been made for reconsideration except that he has remained in custody for some more period, we are not inclined to release the appellant, above named, on bail.
(3.) ACCORDINGLY , appellant's prayer for bail is rejected.;