Patna High Court - Orders
Ballam Singh @ Raj Ballam Singh @ Saryu ... vs The State Of Bihar on 8 September, 2021
Bench: Chakradhari Sharan Singh, Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.792 of 2014
Arising Out of PS. Case No.-40 Year-2002 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
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Ballam Singh @ Raj Ballam Singh @ Saryu Singh S/o Late Ram Nath Singh
Resident of village- Barka Gaon, P.S.- Belao, District- Kaimur Bhabua
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Deepak Kumar Singh, Advocate
For the Respondent/s : Mr.A.K.Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
and
HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
9 08-09-2021Re : I.A No. 04 of 2020 The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Upon conviction for commission of the offence punishable under Section 302/34 and other provisions of the Indian Penal Code, the appellant has been sentenced to undergo imprisonment for life. By making this application under Section 389(1) of the Cr.P.C., he has renewed his prayer for suspension of sentence and his release on bail during pendency of appeal. His prayer for bail was earlier rejected by this Court. From the records it transpires that the appellant has remained in custody for a total period of more Patna High Court CR. APP (DB) No.792 of 2014(9) dt.08-09-2021 2/3 than nine years during investigation, trial and after his conviction, taken together.
Learned counsel appearing on behalf of the appellant has submitted that though he may not address this Court on merits, his application for suspension of sentence having already been rejected, the fact remains that the appeal is not likely to be taken up on merits in near future. He accordingly submits that because of inordinate delay in appeal being taken up on merits for final hearing, the appellant deserves to be released on bail after suspending the sentence considering the long period of his incarceration.
I find force in submission made on behalf of the appellant in the light of the Division Bench decision of this Court in case of Suddu Kumar vs. State of Bihar reported in 2017(3) BLJ 47 (see para 19).
I.A. No. 04 of 2020 is accordingly allowed. Let the appellant, above named, during pendency of this appeal, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand), with two sureties of the like amount, each to the satisfaction of learned 1st Ad hoc Additional Sessions Judge, Kaimur at Bhabhua, in Sessions Trial No. 112/2013/ Patna High Court CR. APP (DB) No.792 of 2014(9) dt.08-09-2021 3/3 Sessions Trial No. 341 of 2013. The sentence shall remain suspended in the meanwhile.
(Chakradhari Sharan Singh, J) ( Ashutosh Kumar, J) Rajesh/-
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