Patna High Court - Orders
Abhishek Kumar @ Mithu vs The State Of Bihar on 4 February, 2017
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.811 of 2016
Arising Out of PS.Case No. -93 Year- 2014 Thana -GAYA KOTWALI District- GAYA
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1. Abhishek Kumar @ Mithu Son of Sri Bijay Lal, resident of Mohalla-
Maranpur, Baitarni, Police Station- Civil Lines, District- Gaya.
.... .... Appellant/s
Versus
1. The State of Bihar
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Manish Kumar No-2
For the Respondent/s : Mr. Sri Abhay Kumar
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
4 04-02-2017At the outset, learned counsel for the appellant has submitted that there is a typographical error in paragraph 19 of this appeal, inasmuch as in place "05.02.2014" "05.12.2014" has been typed. Learned counsel for the appellant is permitted to make necessary correction in paragraph 19 of this appeal.
Heard learned counsel for the parties. This appeal has been placed for consideration of prayer of suspension of sentence and release of the appellant on bail, during the pendency of this appeal, after receipt of the Lower Court's Record.
Learned counsel for the appellant has submitted that apart from the fact that conviction of the appellant is not sustainable, he has already remained in custody for more than 2 three years taking the period prior to conviction and after conviction together.
Considering the above submission, that the appellant has remained in custody for a period, half the term of sentence imposed by the impugned judgment and order, prayer for suspension of sentence and his consequent release on bail is allowed.
Accordingly, the execution of sentence against the appellant during the pendency of this appeal shall remain suspended.
Let the appellant above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Gaya in Sessions Case No. 276 of 2014 ( 58 of 2016) arising out of Gaya Kotwali P.S. Case No. 93 of 2014.
(Chakradhari Sharan Singh, J) ArunKumar/-
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