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Patna High Court - Orders

Satyendra Mani Tripathi vs The State Of Bihar on 1 December, 2022

Author: A. M. Badar

Bench: A. M. Badar, Alok Kumar Pandey

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.1 of 1995
                  ======================================================
            1.     SATYENDRA MANI TRIPATHI Son of Birendar Mani Tripathi R/v-
                   Maldaha, P.S.- Malahi, District- East Champaran
            2.    MANOJ TIWARI Son of Chandradeo Tiwari R/v- Maldaha, P.S.- Malahi,
                  District- East Champaran

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :      Mr. Ajay Kumar Thakur, Advocate
                                                Mr. Mukesh Kumar No.1, Advocate
                  For the Respondent/s   :      Mrs. Shashi Bala Verma, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. M. BADAR
                          and
                          HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE A. M. BADAR)

17   01-12-2022

I.A. 1/2021 This is an application for suspension of sentence and for releasing the appellant/applicant Satyendra Mani Tripathi on bail during pendency of the appeal filed by him. The appellant/applicant was convicted of the offences punishable under Section 302 read with 34 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life. For the offences punishable under Section 27 of the Arms Act he is sentenced to suffer rigorous imprisonment for two years.

Heard both sides.

It is seen that the appeal was called out for hearing on Patna High Court CR. APP (DB) No.1 of 1995(17) dt.01-12-2022 2/3 15.11.2021 and on the day nobody represented the appellant/applicant. That has resulted in issuance of non- bailable warrant with a direction to commit the appellant/applicant to prison for undergoing remaining part of sentences.

It is stated on behalf of the appellant/applicant that he was represented by the counsel Mrs. Anjana Prakash and her official juniors and thereafter the learned counsel for the appellant came to be elevated as Hon'ble Judge of this Court. As such nobody represented the appellant when the appeal came up for hearing. Junior counsels had also left the practice.

In this view of the matter as well as the fact that the appellant was on bail after admission of his appeal for final hearing and therefore, the order.

1. The interim application is allowed and substantive sentence of imprisonment imposed on the appellant is suspended and he is directed to be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) and on furnishing two sureties of the like amount to the satisfaction of the learned 1st Additional Sessions Judge, Motihari in connection with S.T. No. 618/92/37/94 till the disposal of the instant appeal. Till then the recovery of fine is also stayed. Patna High Court CR. APP (DB) No.1 of 1995(17) dt.01-12-2022 3/3

2. The appellant is directed to cooperate this Court for expeditious disposal of the appeal.

(A. M. Badar, J) ( Alok Kumar Pandey, J) amitkumar/-

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