- (1.) Heard Mr. P.P.N. Roy, learned Sr. counsel appearing for the appellant and Mr. Asif Khan, learned Addl. P.P. appearing for State, on the Interlocutory application bearing I.A. No. 3843 of 2016, wherein prayer has been made to enlarge the appellant, namely, Munna Khan alias Seraj Khan, on bail, during the pendency of the instant appeal, after suspending the sentence.
(2.) Mr. P.P.N. Roy, learned Sr. counsel appearing for the appellant has submitted that the appellant is languishing in custody from the date of his remand i.e. since 14.11.2012 i.e. for more than 5 years and absolutely there is no material against the appellant and this criminal appeal is not likely to be heard within 20 years and therefore, he prays to admit the appellant on bail during the pendency of the instant appeal.
(3.) Learned Additional Public Prosecutor appearing for the State vehemently opposes the prayer for bail on the ground that P.Ws.3 and 5 have specifically stated that the present appellant along with other have assaulted the deceased. They have also stated that this appellant along with other scolded them, then they returned their home and thereafter, the dead body of the deceased was recovered from the well in presence of P.W.1. Therefore, it is not a fit case to admit the appellant on bail during the pendency of the instant appeal.;