VIRENDER SINGH,CJ. - (1.) I.A No. 4093 of 2014: Through the instant application, the applicant-appellant, Amlesh Kumar Singh @ Amlesh Singh is praying for suspension of substantive sentence during the pendency of the main appeal. He along with his two co-accused, namely, Jitendra Kumar Singh @ Pappu Don @ Sadhu and Binod Kumar Singh stand convicted. Conviction of the applicant along with his co-accused, Jitendra Kumar Singh @ Pappu Don @ Sadhu has been recorded under Section 302/120B I.P.C whereas Binod Kumar Singh, the third co-accused, stands convicted and sentenced only for the offence punishable under Section 302/109 I.P.C. This primarily is the distinguishing feature between the case of the applicant/appellant and Binod Kumar Singh, who has already been granted the concession of bail by Hon'ble Supreme Court in its order dated 28.04.2014 in Special Leave to Appeal (Crl) No(s).697/2014 and heavily relied upon by Mr. Sanjeev Kumar, learned counsel for the applicant-appellant.
(2.) Admittedly, this is the third bail application. Earlier one rejected on merits by the Court vide order dated 9.02.2012 wherein broadly the case of the prosecution has been depicted; second on 19.02.2013, wherein there is reference to the rejection of the earlier bail application dated 9.02.2012 and the rejection order of the bail application of the applicant-appellant passed by Hon'ble Supreme Court in S.L.P. (Cr.) No. 3838 of 2012 dated 2.07.2012.
(3.) Mr. Sanjeev Kumar vehemently argues that once one of the co-accused, namely, Binod Kumar Singh has been granted the concession of bail by Hon'ble Supreme Court in the order referred to hereinabove, the applicant-appellant also deserves the same concession. He further submits that the applicant-appellant is facing incarceration since February, 2008 and that the instant appeal is not likely to be heard in near future.;