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Munawar Alam & Anr vs The State Of Bihar on 4 April, 2018

Author: Madhuresh Prasad

Bench: Ahsanuddin Amanullah, Madhuresh Prasad

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Appeal (DB) No. 526 of 2017
                                                 Along with
                                  Inte rlocutory Application No. 7 of 2018
                      Arising Out of PS.Case No. -424 Year- 2000 Thana -KATIHAR District- KATIHAR
                 ======================================================
                 1. Munawar Alam @ Munawar Son of Md. Jainul.
                 2. Md. Mujahid @ Mujahid Son of Md. Jainul. Both resident of Mohalla-
                    Choudhary, P.O. - Katihar, P.S. - Katihar, District - Katihar.

                                                                               .... ....   Appellant/s
                                                       Versus
                     The State of Bihar.

                                                             .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s  : Mr. Ajay Kumar Thakur, Advocate
                 For the Respondent/s : Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
                            AMANULLAH
                                            and
                           HONOURABLE MR. JUSTICE MADHURESH PRASAD
                                        ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)

5   04-04-2018

Re.: Interlocutory Application No. 7 of 2018 Interlocutory Application has been filed for suspension of sentence and grant of bail during the pendency of the appeal.

2. Heard learned counsel for the appellants and learned A.P.P. for the State.

3. The appellants stand convicted under Sections 323, 302/34 and 504/34 of the I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 4000/-.

4. Earlier their prayer for bail was rejected by order dated 26.07.2017 with liberty to the appellants to renew their prayer for bail after five months.

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5. It is submitted on behalf of the appellants that there was no intention of the appellants to cause death of father of the informant and that the nature of injuries do not suggest the same. He submitted that the father of the informant had died the next day after the alleged assault which has taken place subsequent to the altercation between the parties.

6. Considering the submissions of the counsel for the appellants this Court is inclined to allow the appellants' prayer for bail. Let the sentence of appellants namely, Munawar Alam @ Munawar and Md. Mujahid @ Mujahid be suspended and they be released on bail during pendency of the appeal upon furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge, Katihar in Sessions Trial No. 15 of 2004. One of the bailors shall be a close relative of the appellants.

7. Interlocutory Application No. 7 of 2018 stands disposed off.

                                                                      (Ahsanuddin Amanullah, J.)


                                                                             (Madhuresh Prasad, J.)

P. Kumar

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