Patna High Court - Orders
Chandra Shekhar Bharti vs The State Of Bihar on 5 December, 2013
Author: V.N. Sinha
Bench: V.N. Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.1403 of 2010
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Chandra Shekhar Bharti, S/o Late Mahabir Bharti, Resident of village -
Jagdeo Sirisiya, Police Station- Amnour, District Saran at Chapra
.... .... Appellant
Versus
The State of Bihar
.... .... Respondent
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CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI
and
HONOURABLE MR. JUSTICE V.N. SINHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)
8 05-12-2013Re: I.A. No. 1746 of 2013 Heard Mr. Udai Shankar Singh, learned counsel for the appellant, and Mr. Ashwani Kumar Sinha, learned Additional Public Prosecutor for the State.
The appellant- applicant has sought for a direction to be issued to release him on provisional bail in order to enable him to attend to, and perform, the religious rites, because of the fact that his mother has passed away.
Upon enquiry, the prosecution submits that the ground, which has been mentioned by the appellant- applicant, seeking to be released on provisional bail, has been found to be true.
In view of the above and in the interest of justice, this Court is of the view that the appellant-applicant be allowed, as has been sought for, provisional bail, commencing from today, but he shall surrender, in the learned trial Court, on or before 16.12.2013.
Pending disposal of I.A. No. 1746 of 2013, we, Patna High Court CR. APP (DB) No.1403 of 2010 (8) dt.05-12-2013 2 therefore, while suspending the sentences passed against the appellant-appellant, direct that the appellant above named be allowed to go, on provisional bail, on furnishing bail bond of ` 10,000/- (` Ten thousand) with two sureties, each of the like amount, to the satisfaction of the learned 3 rd Additional Sessions Judge, Saran at Chapra in connection with Sessions Trial No. 8 of 1994, arising out of Amnour P.S. Case No. 115 of 1992, subject to the condition that the appellant shall surrender in the Court of learned 3rd Additional Sessions Judge, Saran at Chapra on or before 16.12.2013.
So far as the question, as to whether the provisional bail can or cannot be granted, is a question, which is pending for determination by this Court and as the remaining applications, made on this aspect of law, have been directed to be listed before this Bench tomorrow (06.12.2013), this appeal would also come up for order tomorrow along with those appeals, which have been directed to be listed for determination of the aforementioned question of law.
(I. A. Ansari, J)
Arjun/- (V.N. Sinha, J)