Patna High Court - Orders
Anil Kumar Rai @ Birbal @ Anil Kumar @ Anil ... vs The State Of Bihar on 13 August, 2018
Author: Rakesh Kumar
Bench: Rakesh Kumar, Arvind Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.82 of 2018
Arising Out of PS. Case No.-94 Year-2017 Thana- PATORI District- Samastipur
======================================================
Anil Kumar Rai @ Birbal @ Anil Kumar @ Anil Ray
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
with
Criminal Appeal (DB) No. 84 of 2018
Arising Out of PS. Case No.-94 Year-2017 Thana- PATORI District- Samastipur
======================================================
Pinki Devi
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
(In Criminal Appeal (DB) No. 82 of 2018)
For the Appellant/s : Mr. Lakshmindra Kumar Yadav
For the Respondent/s : Mr. Shivesh Chandra Mishra
(In Criminal Appeal (DB) No. 84 of 2018)
For the Appellant/s : Mr. Bijay Bhushan Prasad
For the Respondent/s : Mr. Ashwani Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
and
HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)
6 13-08-2018In both appeals, appellants were convicted and sentenced in Sessions Trial No. 553 of 2017 / 467 of 2017 for commission of offence under Sections 364(A) /34 and 120(B) of the Indian Penal Code. After judgment of conviction and sentence dated 13-12-2017 and 14-12-2017 respectively, the appellants preferred appeal before this Court. Cr. Appeal (DB) No. 84 of 2018 was admitted on 19-01-2018 and Cr. Appeal (DB) No. 82 of 2018 was admitted on 09-02-2018. However, at Patna High Court CR. APP (DB) No.82 of 2018(6) dt.13-08-2018 2/3 the time of admission, it was observed that the prayer for bail would be considered after receipt of lower court record and, thereafter, on 06-03-2018, both appeals were taken up for hearing under the heading "For Orders" for considering the prayer for suspension of sentence and granting bail. Considering the fact that it was a case of kidnapping for ransom and there were specific evidences, we rejected the prayer for suspension of sentence and granting bail to the appellants by order dated 06-03-2018.
On 24-07-2018, the matter was listed before this Court. On perusal of the order of the Hon'ble Supreme Court dated 31-05-2018 passed in Special Leave to Appeal (Crl.) No. 4659/2018, it transpired that against the order of rejection of prayer for suspension of sentence and granting bail, the appellant Anil Kumar Rai @Birbal @Anil Kumar @Anil Ray in Cr. Appeal (DB) No. 82 of 2018 had preferred appeal before the Hon'ble Supreme Court vide Special Leave to Appeal (Crl.) No. 4659/2018, however the appeal stood dismissed and it was observed that if the appeal is not disposed of within a period of six months, the petitioner (appellant) would be at liberty to renew his prayer for bail. After noticing the order of the Hon'ble Supreme Court, a direction was issued to the Registry to take Patna High Court CR. APP (DB) No.82 of 2018(6) dt.13-08-2018 3/3 steps for preparing paper book within two months and thereafter, list this appeal with other connected appeal under the heading "For Hearing" as first case subject to part-heard. Accordingly, in compliance with the order dated 24-07-2018, paper book was prepared and both appeals were listed under the heading "For Hearing".
On call, a prayer was made by learned counsel for the appellant(s) for granting adjournment for ten days, however after noticing the view of the Court regarding non-inclination to grant adjournment, learned counsel for the appellants requested for granting some short accomodation. Fact remains that both the appeals are of the year, 2018 and as per seriatim, the appeals of the year 2013 and 2014 are being listed under the heading "For Hearing".
In view of facts and circumstances, it would be necessary to observe that let the appeals be listed in due course as per its seriatim.
(Rakesh Kumar, J.) ( Arvind Srivastava, J.) nawalkrs/-
U T