Virender Singh,C.J. - (1.) In all there are four convicts namely Hari Mahto (husband of the deceased), Chetlal Mahto and Maheshwari Devi (parents-in-law of the deceased) and the present applicant-appellant Sitaram Mahto who is the brother-in-law of the deceased. All stand convicted for life imprisonment under Section 304B IPC and three years for Section 201 IPC. Convict Hari Mahto has filed his separate appeal whereas the remaining three convicts have preferred the instant appeal.
(2.) Record reveals that earlier at one stage prayer for suspension of sentence qua all the three appellants was rejected vide order dated 29th September, 2010 and while declining the said prayer, liberty was given to the appellants to renew their prayer for bail after completing three years custody after passing of the impugned judgment. It is thereafter, the applicant-appellant and convict Chetlal Mahto (father-in-law) knocked the door of this Court vide I.A.(Cr.) No.2080 of 2011 and the said prayer was once again rejected vide order dated 11th October, 2012. Thereafter, both of them once again approached this Court vide I.A.(Cr.) No.7495 of 2013 and the said application also met the same fate vide order dated 30th September, 2013. It needs to be mentioned here that when I.A.(Cr.) No. 7495 of 2013 was considered, Brother P.P.Bhatt, J. was one of the Bench partners. It is thereafter Maheshwari Devi (mother-in-law) knocked at the door of this Court vide I.A. No.4514 of 2014 and got the relief of suspension of sentence by this Court vide order dated 5th November, 2014. Thereafter, appellant Chetlal Mahto was also granted the same relief by this Court vide order dated 30th April, 2015. Since the last bail application filed by appellant Chetlal Mahto was dismissed by the Bench of which Brother P.P. Bhatt, J. was the Bench partner, the fresh application bearing I.A.(Cr.) No. 2181 of 2015 was considered by a Bench of which Brother P.P. Bhatt, J. was the Bench partner.
(3.) Now, through the medium of I.A.(Cr.) No.5819 of 2015, appellant Sita Ram Mahto, brother-in-law, is also praying for the same relief. Under normal circumstances, the instant application should have been taken up by the Bench of which Brother P.P. Bhatt, J. is the Bench partner but His Lordship is not available till 30th of November, 2015 and that the ground taken herein for the relief of suspension of sentence is parity taking the plea that the other two convicts (parents-in-law) who are similarly situated, have already been granted the concession of bail by this Court vide two different orders dated 5th November, 2014 and 30th April, 2015.;