Patna High Court - Orders
Mainu @ Shailendra Singh @ Shailendra ... vs The State Of Bihar on 6 March, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.570 of 2021
Arising Out of PS. Case No.-771 Year-2017 Thana- HILSA District- Nalanda
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Mainu @ Shailendra Singh @ Shailendra Kumar Singh @ Mainu Singh, Son
of Late Sagar Singh, Resident of Village - Makhdumpur, P.S.- Karaiparshurai,
Distt.- Nalanda.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
For the Respondent/s : Mr. Manish Kumar No2, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
9 06-03-2024We have heard Mr. Ajay Kumar Thakur, the learned Advocate for appellant/applicant, viz., Mainu @ Shailendra Singh @ Shailendra Kumar Singh @ Mainu Singh who seeks suspension of his sentence during the pendency of the appeal primarily on the ground that he has remained in jail since 12.12.2017 and that there are no good chances of this appeal being heard in near future as also that the accusation against him of firing at Patna High Court CR. APP (DB) No.570 of 2021(9) dt.06-03-2024 2/4 the deceased is doubtful as the deceased did not receive any injury in his lower waist where he is alleged to have been hit by the shot fired by the appellant/applicant.
2. The written objection on behalf of the State is on record.
3. The appellant/applicant has been convicted under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act vide judgment dated 06.08.2021 passed by the learned Additional Sessions Judge-I, Hilsa (Nalanda) in Sessions Trial No. 325 of 2018, arising out of Hilsa P.S. Case No. 771 of 2017. By order dated 10.08.2021, the appellant has been sentenced to undergo R.I. for life, to pay a fine of Rs. 20,000/- and in default of payment of fine, to further suffer S.I. for two years under Sections 302/34 of the IPC and R.I. for three years under Section 27 of the Arms Act.
4. The sentences have been ordered to run concurrently.
Patna High Court CR. APP (DB) No.570 of 2021(9) dt.06-03-2024 3/4
5. The FIR has been lodged by the son of the deceased who has categorically alleged that while he along with his father and son were going back home on a motorcycle, they were intercepted by the convicts including the appellant/applicant.
6. Co-accused/Guddu fired from his weapon hitting the father of the informant. On the exhortation of Guddu, the appellant/applicant also is said to have fired from his weapon, which hit him in his waist.
7. Three injuries were found on the person of the deceased; out of which, two were communicating to each other; which injury is clearly attributable to co- accused/Guddu, who is in jail. The third injury is in the nature of lacerated circular wound of entry of the dimension of 1.5' X 1' over the left side back of the chest.
8. Considering the nature of accusation against the appellant/applicant of having fired at the deceased, we are not inclined to suspend his sentence, Patna High Court CR. APP (DB) No.570 of 2021(9) dt.06-03-2024 4/4 presently.
9. The prayer for suspension of sentence is rejected.
10. However, taking into account the period of custody of the appellant/applicant, we observe that in the event of this appeal not being finally taken up for hearing within one year, it would be open for the appellant/applicant to approach this Court for suspension of his sentence during the pendency of the appeal.
(Ashutosh Kumar, J) (Jitendra Kumar, J) Sauravkrsinha/ Sunil-
U T