M. M. SUNDRESH, ARAVIND KUMAR
Kedar Singh – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER
1. Leave granted.
2. The appellant has been arraigned as an accused for the offences punishable under Sections 302, 120B, 201, 341, 34 of the Indian Penal Code, 1860 and Sections 25 and 27 of the Arms Act, 1959.
3. The case against the appellant is that he facilitated the main accused’s escape from the scene of the occurrence and aided him thereafter.
4. We have been informed that the co-accused has been granted bail and most of the examined witnesses have turned hostile. The appellant is also under incarceration for more than two years.
5. Considering the above, we are inclined to set aside the impugned order and grant bail to the appellant.
6. Accordingly, the impugned order stands set aside and the appellant is granted bail, subject to the terms and conditions that may be imposed by the Trial Court.
7. The appeal is allowed accordingly.
8. Pending application(s), if any, shall stand disposed of.
Prolonged incarceration and hostile witness testimony can justify granting bail to an accused.
The gravity of the offense and the expeditious nature of the trial influenced the court's decision in denying regular bail to the petitioner.
The court granted bail based on the lengthy incarceration of the appellant and insufficient witness examination, emphasizing the need for timely judicial proceedings.
The court may suspend a sentence pending appeal if the appellant has served a significant portion of the sentence and other co-accused have been granted suspension.
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