- (1.) Heard Mr. B. M. Tripathy, learned senior counsel appearing for the appellant, Mr. Sekhar Sinha, learned Addl. P.P. appearing for the State, and Mr. P.P.N. Roy, learned senior counsel appearing for the informant, on the Interlocutory Application bearing I.A. No. 2891 of 2017, wherein prayer has been made to enlarge the appellant on bail.
(2.) Mr. Tripathy submitted that the appellant has been languishing in custody since 1-6-2012 i.e., near about five years and there is no material against the appellant. It is submitted that no charge has been framed under Section 120-B of the Indian Penal Code and the appellant has been convicted and sentenced for the offence under Sections 302-B and 201 of the Indian Penal Code only.
(3.) In this regard, Mr. Tripathy has relied upon the judgment rendered in the cases of Hussain v. Union of India, 2017 AIR(SC) 1362, Surinder Singh alias Shingara Singh v. State of Punjab, 2005 AIR(SC) 3669 and Angana v. State of Rajasthan, 2009 AIR(SC) 1669 and submitted that in the said cases, it has been stated that there may be cases where even after the lapse of five years the convicts may, under the special circumstances of the case, be held not entitled to bail pending the disposal of the appeals filed by them. This case is not coming under the purview of those case, since in the instant case the circumstantial evidence i.e., the dead body was not recovered from the possession of the appellant. The co-appellant namely, Nishi Rani Kerkatta, has already been granted bail by this Court in Cr. Appeal (DB) No. 62 of 2015) on 28-3-2017. It is further submitted that this appeal is not likely to be heard within ten years, as so many matters are pending for hearing. Therefore, the appellant may be released on bail.;