The court weighs the duration of custody and the likelihood of appeal hearings in deciding bail applications.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH)

10 16-01-2026 At the outset, it is submitted by learned counsel appearing on behalf of the appellant that appellant Sadanand Yadav in Cr. APP (DB) No. 705 of 2019 and appellant Sunil Yadav in Cr. APP (DB) No. 718 of 2019 have already been released on bail vide order dated 25.10.2019.

Re: I.A. No. 1 of 2025 in Cr. APP (DB) No. 790 of 2019 Heard learned counsel for the parties.

2. This interlocutory application has been filed for suspension of sentence and for grant of bail to the appellant during pendency of the appeal.

3. Learned counsel for the appellant submits that lastly prayer for bail of the appellant was refused by this Court vide order dated 25.10.2019 and 15.12.2021.

4. Thereafter, learned counsel for the appellant has filed I.A. No. 2 of 2023, which was disposed of as withdrawn vide order dated 17.01.2025.

5. It is further submitted by learned counsel for the appellant that appellant was earlier remanded in judicial custody on 03.01.2005 and was released on bail on 28.08.2007 and then after conviction, appellant was remanded into judicial custody on 15.05.2019. Thus, appellant has remained in custody for more than 9 years and 9 months. There is no likelihood of hearing of the appeal in near future.

4. Learned counsel for the State opposes the prayer made on behalf of the appellant.

5. Considering the period of custody of the appellant and the fact that there is no likelihood of early hearing of the appeal, during pendency of the appeal, sentence awarded to the appellant is suspended and the appellant, as mentioned above, is directed to be released on bail on furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- F.T.C.-2, Katihar in S.Tr. No. 494/04/307/05 arising out of Falka P.S. Case No. 80 of 2004.

6. Accordingly, I.A. No. 1 of 2025 stands allowed.

(Prabhat Kumar Singh, J)