Patna High Court - Orders
Hraday Sharma @ Hridaya Sharma vs The State Of Bihar on 19 January, 2023
Bench: Chakradhari Sharan Singh, Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.22 of 2018
Arising Out of PS. Case No.-239 Year-2012 Thana- DHANARUA District- Patna
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Hraday Sharma @ Hridaya Sharma S/o Late Parshuram Sharma, R/o Village-
Neema, P.S.- Dhanarua, District- Patna.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Rajesh Kumar, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
17 19-01-2023It has been rightly pointed out by the office that there is a typographical error in the order dated 22.12.2022, wherein '19.10.2023' has been typed in place of '19.01.2023'. The said order has been read and shall be read accordingly.
The appeal has been placed by the office today under the heading 'for orders on petitions'.
Re.: I.A. No. 01 of 2022.
Heard Mr. Rajesh Kumar, learned counsel for the appellant and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.
This interlocutory application has been placed before Patna High Court CR. APP (DB) No.22 of 2018(17) dt.19-01-2023 2/5 us for considering the appellant's prayer for his release on bail and suspension of sentence during the pendency of this appeal under Section 389(1) of the Code of Criminal Procedure.
By the impugned judgment and order dated 07.11.2017/15.11.2017, passed by learned Additional Sessions Judge-VII, Patna, in Sessions Trial No. 54 of 2014, arising out of Dhanarua P.S. Case No. 239 of 2012, the appellant has been convicted and sentenced as under:
Conviction under Sentence
Appellant
Section Imprisonment Fine (Rs.) In default of fine
120B of the Indian Penal R.I. for life 15,000/- R.I. for one year
Hrayday Code
Sharma @
302/34 of the Indian Penal R.I. for life 15,000/- R.I. for one year
Hridaya
Code
Sharma
27 of the Arms Act R.I. for three years 3,000/- S.I. for six months
All the sentences have been ordered to run concurrently.
The appellant has remained in custody since 13.03.2013 in connection with the concerned Dhanarua P.S. Case No. 239 of 2012, which gave rise to the aforesaid trial leading to the appellant's conviction by the impugned judgment and order.
A written objection has been filed on behalf of the State in terms of the first proviso to Section 389(1) of the Code of Criminal Procedure, wherein it has been stated, inter alia, Patna High Court CR. APP (DB) No.22 of 2018(17) dt.19-01-2023 3/5 that the appellant has criminal antecedent inasmuch as he had been implicated in seven cases other than the present one. The details of such cases against the appellant have been given in paragraph 12 of the written objection from which it emerges that the appellant was implicated in following cases other than the present one: -
i) Dhanarua P.S. Case No. 126/98 dated 06.08.1998 under section 302/34 IPC and 27 Arms Act.
ii) Dhanarua P.S. Case No. 36 of 2001 dated 17.03.2001 under section 25(1- B)A/26/35 Arms Act.
iii) Dhanarua P.S. Case No. 35 of 2001 dated 17.03.2001 under section 364(A)/34 of the I.P.C.
iv) Dhanarua P.S. Case No. 124 of 1999 dated 12.10.1999, under section 147,148,149,341,448,452,302 IPC and 27 Arms Act.
v) Fatuha P.S. Case No. 19 of 2003 dated 23.02.2003 under section 25(1- B)A/26 Arms Act.
vi) Jehanabad Rail P.S. Case No. 129 of 87 dated 15.06.1987 under section 395 IPC.
vii) Dhanarua P.S. Case No. 107/2007 dated 12.06.2007 under section 323, 341, 354, 504 IPC.
Patna High Court CR. APP (DB) No.22 of 2018(17) dt.19-01-2023 4/5 A reply has been filed to the said written objection on behalf of the appellant stating therein that the appellant has been acquitted in all criminal cases except Dhanarua P.S. Case No 126 of 1998 in which he is on bail.
Learned counsel for the appellant has submitted that in normal course this appeal is not likely to be taken up in near future.
From the order sheet, it transpires that the appellant's prayer for bail was earlier rejected by an order dated 27.09.2018. However, considering the period of his incarceration of nearly ten year and there being no likelihood of the appeal being taken up for final hearing in near future, in our opinion, a case is made out for suspension of sentence and the appellant's release on bail.
I.A. No. 01 of 2022 is allowed accordingly. Let the appellant, namely, Hraday Sharma @ Hridaya Sharma, be released on bail, during the pendency of this appeal, 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-VII, Patna, in Sessions Trial No. 54 of 2014, arising out of Dhanarua P.S. Case No. 239 of Patna High Court CR. APP (DB) No.22 of 2018(17) dt.19-01-2023 5/5 2012.
The sentence shall remain suspended in the meanwhile.
(Chakradhari Sharan Singh, J) (Rajesh Kumar Verma, J) nishant/-
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