The age of the appellant and the duration of imprisonment served are critical factors in granting bail, especially when the appeal is unlikely to be heard soon.

JUDGMENT :

I.A. No.6038 of 2025

1. The instant interlocutory application has been filed under Section 430(1) of Bhartiya Nagarik Suraksha Sanhita, 2023 on behalf of appellant no.2, namely, Shibu Bandiyan, for suspension of sentence dated 19.11.2022 passed in S.T. Case No. 245 of 2013 by the learned District & Additional Sessions Judge-II, Seraikella in connection with Seraikella P.S. Case No. 72 of 2012, whereby and whereunder, the appellant no.2 has been convicted and sentenced to undergo rigorous imprisonment with maximum punishment for life along with fine of Rs.10,000 and has also been sentenced for other offences in different Sections.

2. Mr. Jitendra Nath Upadhyay, learned counsel appearing for the appellant No.2, has submitted that the prayer for suspension of sentence of the appellant No.2 has been renewed solely on the ground of age of the appellant, who is having the age of 70 years as on date and sentence of 09 years and 01 month having been undergone by him.

3. Learned Additional Public Prosecutor appearing for respondent-State has submitted that the prayer for suspension of sentence has been rejected earlier on the specific allegation attributed against the appellant.

4. Learned Additional Public Prosecutor, based upon the aforesaid ground, has made opposition to the prayer so made, for suspension of sentence, on behalf of the appellant No.2, namely, Shibu Bandiyan.

5. We have heard the learned counsel for the parties and appreciated the submission made on behalf of the parties.

6. This Court has taken into consideration that the age of the appellant no.2 has been shown, in the impugned judgment having been passed on 14.11.2022, as 67 years, as such, at present he is having the age of about 70 years.

7. The prayer for suspension of sentence although has been rejected earlier but this Court, considering the fact that the appeal is of the year 2023 and is not likely to be taken up in near future as also the appellant no.2 has already undergone sentence of 09 years and 01 months, as such, is of the view that the instant interlocutory application may be allowed.

8. Accordingly, the instant Interlocutory Application stands allowed.

9. In view thereof, the appellant no.2, namely, Shibu Bandiyan, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-II, Seraikella in connection with Sessions Trial No. 245 of 2013 arising out of Seraikella P.S. Case No. 72 of 2012.