Patna High Court - Orders
Mithun Sharma vs The State Of Bihar on 26 July, 2023
Bench: Chakradhari Sharan Singh, Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.433 of 2018
Arising Out of PS. Case No.-186 Year-2015 Thana- SALAKHUA District- Saharsa
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Mithun Sharma
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
and
HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
10 26-07-2023Re: I.A. No. 03 of 2023 Learned counsel for the appellant submits at the very outset that there is a typographical error in paragraph-11 of this application, wherein 09.04.2015 has been typed in place of 04.09.2015 from which date the appellant is in custody. Similar statement is there in paragraph-11 of the memo of appeal. Learned counsel for the appellant is permitted to make necessary corrections in the memo of appeal and in this application in course of the day.
The appellant's prayer for suspension of sentence was earlier rejected thrice. It is being submitted on behalf of the appellant that the appellant has remained in custody for nearly Patna High Court CR. APP (DB) No.433 of 2018(10) dt.26-07-2023 2/2 eight years and there is no likelihood of this appeal being taken up in near future.
Four weeks' time is allowed for the State to file its written objection in terms of the first proviso to Section 389(1) of the Code of Criminal Procedure.
List this appeal on 23.08.2023.
(Chakradhari Sharan Singh, J) ( Khatim Reza, J) nishant/-
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