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Patna High Court - Orders

Satyabrat Ashok @ Satya Vrat Ashok @ ... vs The State Of Bihar on 10 May, 2023

Bench: Chakradhari Sharan Singh, Rajiv Roy

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.914 of 2022
                    Arising Out of PS. Case No.-356 Year-2018 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
                 Satyabrat Ashok @ Satya Vrat Ashok @ Pappu Sharma @ Pappu Son Of
                 Ramyad Sharma Resident Of Mohalla- Vishunpuri Colony, Chand Chaurah,
                 P.S- Vishnupad Distt- Gaya

                                                                                 ... ... Appellant/s
                                                      Versus

                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Mukesh Kumar No1, Advocate
                 For the Respondent/s   :        Mr. Binod Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH)

3   10-05-2023

The appellant has put to challenge the judgment and order dated 22.10.2022/04.11.2022 passed by the Trial Court whereby, after having been convicted of various offences punishable under the Indian Penal Code including Section 376 thereof and under Section 4 of the Protection of Children from Sexual Offences Act, 2012, he has been sentenced to undergo rigorous imprisonment for 20 years.

This appeal is pending since 08.12.2022. Section 374(4) of the Code of Criminal Procedure, mandates expeditious hearing of the appeals arising out of Patna High Court CR. APP (DB) No.914 of 2022(3) dt.10-05-2023 2/2 conviction under Sections 376, 376(A), 376(AB), 376(B), 376(C), 376(D), 376(DA), 376(DB) or 376 (E) of the Indian Penal Code. The said provision further requires that such appeal should be disposed of within a period of six months from the date of filing of such appeal.

In such view of the matter, instead of considering the appellant's prayer for his release on bail during the pendency of the appeal, it is considered desirable, keeping in mind the statutory prescription envisioned under Section 374(4) of the Code of Criminal Procedure, to expedite hearing of the appeal itself.

List this appeal for hearing on 18.07.2023 to be taken up at 2.15 P.M. Registry is directed to prepare the paper book in the meanwhile.

(Chakradhari Sharan Singh, J) ( Rajiv Roy, J) Nishant/Sachin/-

U      T