- (1.) I.A. No.6445 of 2015 (in Cr. Appeal (DB) No.1322 of 2007) Appellant-applicant Thakur Singheshwar Kumar @ Chhote is praying for interim concession of suspension of sentence for attending the last rites of his father Thakur Basant Kumar who died on 19.11.2015 as is evident from the death certificate annexed with the instant application. Last rituals in that regard have already commenced and to be culminated on 2nd December, 2015 as stated by Mr. Kaushik Sarkhel, learned counsel for the appellantapplicant at the Bar.
(2.) Learned counsel submitted that appellant-applicant along with his real brother Thakur Ujjwal Kumar @ Raju @ Thakur Ujjwal Prasad are languishing in jail, out of which, total sentence period of Thakur Ujjwal Kumar @ Raju @ Thakur Ujjwal Prasad turns out to be about 17 years. Learned counsel then submitted that the present appellant-applicant was earlier granted concession of suspension of sentence by Court vide order dated 25.11.2011. He submitted that one Mr. Ranjan Kumar, Advocate was engaged as his regular counsel but subsequently the Court was informed that the said counsel was not having any further instructions on behalf of the appellant-applicant to appear on his behalf, on which the Court took serious note and got an impression that appellant-applicant is intentionally delaying the final consideration of the instant appeal, as such, the bail already granted to him was cancelled and bail bond forfeited to the State. Direction was also given to the Senior Superintendent of Police, Ranchi and the Superintendent of Police, Siwan (Bihar) to take the appellant-applicant in custody. Learned counsel submitted that before the warrant of arrest could be executed upon the appellant-applicant, he himself surrendered before the Court on 28.09.2015 and since then, he is in custody. Learned counsel submitted that but for the aforesaid communication gap crept out between the appellant-applicant and his counsel for which his bail bond was cancelled, he never misused the concession of bail during pendency of the instant appeal. Learned counsel submitted that during the trial also, appellant-applicant was released on bail for some period and during that time also, he had never misused the liberty granted to him.
(3.) Praying for the relief sought for now, learned counsel for the appellant-applicant submitted that the appellant-applicant is the eldest son of the deceased father and the other son (brother of the appellant-applicant) is in custody, therefore, there is no male member left in the family of the appellant-applicant to attend the last rituals of the deceased father. Learned counsel submitted that since the last rituals to be attended by the appellant-applicant are very pious rituals/rites, the appellant-applicant is even ready and willing to go in handcuffs so that he is in a position to attend the last rites of his deceased father on 02.12.2015 at least.;