Patna High Court - Orders
Mithun Kumar vs The State Of Bihar on 15 July, 2024
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1087 of 2023
In
CRIMINAL APPEAL (DB) No.775 of 2022
Arising Out of PS. Case No.-114 Year-2021 Thana- HALSI District- Lakhisarai
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Mithun Kumar S/O Budhan Bind Resident of Village- Kakrauri, P.S.- Halsi,
District- Lakhisarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Ms. Anita Kumari Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
9 15-07-2024Heard learned counsel appearing on behalf of the parties.
2. The present matter is taken on board for considering prayer of bail and suspension of sentence under Section 389 (1) of the Code of Criminal Procedure (in short Cr.P.C.) as raised through memo of appeal, itself as preferred under Section 374(2) of the Cr.P.C.
3. Appellant/convict, who has been convicted by the judgment of conviction dated 04.08.2022 and order of sentence dated 11.08.2022 passed by learned Additional District and Sessions Judge-III, Lakhisarai in Patna High Court CR. APP (SJ) No.1087 of 2023(9) dt.15-07-2024 2/5 Sessions Trial No. 157 of 2021 (arising out of Halsi P.S. Case No. 114 of 2021), whereby he has been convicted under Section 326-A of the Indian Penal Code (hereinafter referred to as 'IPC'), where he has been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 20,000/- and in default of payment of fine, further undergo simple imprisonment for six months.
4. Learned counsel for the appellant/convict submitted that prima facie, this is a case of acid attack but in view of deposition of P.W. 4 Dr. Md. Arshad, it appears that present case covers under Section 326-B of the IPC rather than that of 326 A as injury found by P.W. 4/Doctor is simple in nature. It is submitted that there was no grievous hurt, therefore conviction of appellant under Section 326 A of the IPC appears bad in the eyes of law.
5. While travelling over the argument learned counsel submitted that during the pendency of present Patna High Court CR. APP (SJ) No.1087 of 2023(9) dt.15-07-2024 3/5 appeal, appellant/convict declared juvenile, where his age was found as 17 years 11 months and 26 days on the date of occurrence.
6. While concluding the argument learned counsel submitted that appellant is in custody for more than two years and eight months against the sentence of ten years as ordered through impugned judgment of conviction. It is further submitted that appeal is of 2023 and is not likely to be listed for final hearing in the near future and on this score alone appellant deserves bail. In support of his submissions learned counsel relied upon the legal report of Full Bench of this Court as held in the matter of Anurag Baitha v. State of Bihar, reported in AIR 1987 Pat 274 (FB) : 1987 PLJR 485 (FB).
7. Learned APP appearing on behalf of respondent-State, while opposing the prayer of bail submitted that issue as raised by learned counsel for the appellant may be considered at the stage of final hearing. However, learned APP fairly conceded that Patna High Court CR. APP (SJ) No.1087 of 2023(9) dt.15-07-2024 4/5 injury is simple in nature.
8. In view of above discussed factual and legal submissions and by taking note of nature of injury as it appears from the deposition of P.W. 4/Doctor, where accused/appellant is in custody for more than two years and eight months against maximum sentence of ten years through impugned judgment and as this appeal is not likely to be taken up for final hearing in the near future, as same is of year 2023, accordingly by taking note of legal ratio as available through, Anurag Baitha Case (supra) accused/appellant, above named, is directed to be released on bail in connection with Sessions Trial No. 157 of 2021 with Halsi P.S. Case No. 114 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-III, Lakhisarai/concerned Court, during pendency of appeal.
9. Sentence of imprisonment imposed on the Patna High Court CR. APP (SJ) No.1087 of 2023(9) dt.15-07-2024 5/5 appellant is suspended till disposal of the appeal and recovery of fine be also kept in abeyance.
10. Appellant shall co-operate in disposal of this appeal.
11. Observations, as regard to merit, if any, shall be of no bearing while final hearing of this appeal.
12. Re-notify this case as per its own seriatim for hearing.
(Chandra Shekhar Jha, J.) S.Tripathi/-
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