Patna High Court - Orders
Paras Yadav & Anr vs The State Of Bihar on 26 September, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.917 of 2016
Arising Out of PS. Case No.-59 Year-2011 Thana- SRINAGAR District- West Champaran
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1. Paras Yadav son of Late Ramdhari Yadav
2. Jang Bahadur Yadav son of Late Ramdhari Yadav Both residents
of Village Srinagar, P.S.- Srinagar (Pujahan), District- West
Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Mukesh Kumar
For the Respondent/s : Mr. Bipin Kumar
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
7 26-09-2018Re:- I.A. No. 578 of 2018 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.
This interlocutory application has been filed on behalf of appellant no. 1, namely, Paras Yadav, for suspension of his sentence and release on bail, during the pendency of this appeal.
Upon having been convicted of the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act in connection with Sessions Trial No. 287 of 2012 arising out of Srinagar (Pujahan) P.S. Case No. 59 of 2011, the appellant has been sentenced to undergo rigorous imprisonment for ten years.
Patna High Court CR. APP (SJ) No.917 of 2016(7) dt.26-09-2018 2/3 The appellant's earlier prayer for suspension of sentence and release on bail, during the pendency of this appeal, was rejected by this Court by Order dated 17.02.2017. The appellant is in custody in connection with criminal case in question since 23.09.2016.
Learned counsel for the appellant submits that the appellant has remained in custody for more than two years after his conviction. He, accordingly, submits that the appellant's prayer for suspension of sentence and release on bail, during the pendency of this appeal, requires consideration and in view of this Court's decision, in the case of Suddu Kumar vs. State of Bihar, reported in 2017(3) PLJR 330, the appellant deserves to be released on bail and there is no likelihood of the appeal being taken up in near future.
Despite opportunity having been given to learned Additional Public Prosecutor, no objection has been filed on behalf of the State of Bihar to the prayer made for release of the appellant on bail during the pendency of the appeal. However, learned Additional Public Prosecutor, appearing on behalf of the State, has contented that in view of the seriousness of the allegation and incriminating materials available on record, which led to appellant's conviction, he does not deserve his Patna High Court CR. APP (SJ) No.917 of 2016(7) dt.26-09-2018 3/3 release on bail.
However, in view of the fact that the petitioner- appellant has remained in custody for more than two years in connection with the case in question after conviction and learned counsel for the appellant appears to be correct that the appeal is not likely to be taken up in near future, the prayer of the appellant for suspension of sentence and release on bail, during the pendency of this appeal, is allowed.
Let the petitioner-appellant above named, be released on bail after suspending his sentence on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Bettiah, West-Champaran in connection with Sessions Trial No. 287 of 2012 arising out of Srinagar (Pujahan) P.S. Case No. 59 of 2011.
(Chakradhari Sharan Singh, J) Pawan/Ragini U