The court allows bail pending appeal based on parity with co-accused and the applicant's lengthy custody exceeding ten years.

JUDGMENT :

IA No. 13368 of 2024:

1. The instant interlocutory application has been filed under Section 430 of BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 29.11.2017 and order of sentence dated 04.12.2017 passed by the learned Additional Judicial Commissioner-XII, Ranchi in connection with Sessions Trial Case No. 705 of 2014 arising out of Burmu P.S. Case No. 46 of 2014 corresponding to GR Case No. 4414 of 2014, whereby and whereunder, the appellant has been convicted with other co-accused persons under section 364-A/34 of the IPC and sentenced to undergo imprisonment for life and a fine of Rs. 15,000/- for the said offence and in default of payment, further directed to undergo SI for six months.

2. It has been submitted that identically placed convicts, namely, Rakesh Pandey @ Rakesh Kr. Pandey @ Pappu Pandey has been enlarged on bail vide order dated 16.04.2024 passed in Cr. Appeal (DB) No. 191 of 2018, Banta Paswan has been enlarged on bail vide order dated 05.01.2024 passed in Cr. Appeal (DB) No. 344 of 2018, Surendra Paswan has been enlarged on bail vide order dated 19.02.2024 passed in Cr. Appeal (DB) No. 18 of 2018 and Lalan Paswan has been enlarged on bail vide order dated 20.09.2024 in Cr. Appeal (DB) No. 17 of 2018 by different Benches of this Court.

3. It has been contended that the case of the present applicant is identical to that of the other co-accused persons who have been directed to be released on bail by different Benches of this Court, therefore, it is a fit case where the present applicant be released from judicial custody by suspending the sentence.

4. In addition to the aforesaid ground, the period of custody has also been taken since the applicant has already remained in custody for more than ten years i.e. from 14.08.2014.

5. While on the other hand, Mr. Vishwanath Roy, learned Special Public Prosecutor appearing for the respondent-State has vehemently opposed the prayer for suspension of sentence, but he has not opposed the fact that the appellant has remained in judicial custody since more than ten years and the aforesaid identical co-convicts have been directed to be released on bail by the different Benches of this Court.

6. We have heard the learned counsel for the parties and gone across the findings recorded by the different co-ordinate Benches of this Court by which the identical co-convicts have been directed to be released on bail by suspending their sentences.

7. This Court, after appreciating the argument advanced on behalf of the parties has gathered therefrom that two grounds have been taken on behalf of the appellant, first the ground of parity and another the period of custody.

8. Hence, this Court is of the view that since the other co-accused persons have been directed to be released on bail by the different Benches of this Court, as also the applicant has already remained in custody for more than ten years, as such, this Court is of the view that the applicant has been able to make out a case for suspension of sentence during the pendency of appeal.

9. Accordingly, IA No. 13368 of 2024 stands allowed.

10. In consenquence thereof, the applicant, named above, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs. 25,000/- (Ruppes Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-XII, Ranchi in connection with Sessions Trial Case No. 705 of 2014 arising out of Burmu P.S. Case No. 46 of 2014 corresponding to GR Case No. 4414 of 2014.

11. It is made clear that any observation made hereinabove will not prejudice the case on merit, since, the criminal appeal is lying pending before this Court for its consideration.

12. In view thereof, IA No. 13368 of 2024 stands disposed of with the aforesaid observation and direction.