Patna High Court - Orders
Satish Singh vs The State Of Bihar on 1 August, 2022
Bench: Chakradhari Sharan Singh, Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1338 of 2019
Arising Out of PS. Case No.-131 Year-2005 Thana- KUCHAIKOTE District- Gopalganj
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Satish Singh Son of Awadh Kishore singh Resident of Village - Nachua
Jalalpur, P.S.- Kuchaikote, Distt.- Gopalganj.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Rajeev Ranjan, Advocate
Mr. Vikas Ratan Bharti, 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)
8 01-08-2022Re: I.A. No. 01 of 2021 This application has been filed under Section 389 (1) of the Code of Criminal Procedure for release of the appellant on bail and suspension of sentence during the pendency of this appeal.
After having been convicted of the offence punishable under Section 304B/34 of the Indian Penal Code, the appellant has been sentenced to undergo imprisonment for life.
Earlier, the appellant has moved this Court for his release on bail which was rejected by an order dated Patna High Court CR. APP (DB) No.1338 of 2019(8) dt.01-08-2022 2/4 13.02.2020. A submission was advanced before this Court on behalf of the appellant earlier that soon after the alleged occurrence, fardbayan of the deceased was recorded by the police in the hospital, wherein, she had admitted that she had sustained injuries caused by fire, accidentally, while she was cooking food and her in-laws had attempted to extinguish the fire and save her life. It was argued on behalf of the appellant before this Court that the police officer who had recorded the fardbayan of the deceased was withheld by the prosecution at the trial and was not examined.
After having considered the aforesaid submission, this Court had passed following order on 13.02.2020:
"6. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, we are not inclined to release the appellant on bail, for the present and accordingly, his prayer for bail stands rejected.
7. Since the minimum punishment under Section 304B of the I.P.C. is only upto seven years and therefore, the appellant may renew his prayer for bail after completion of three and half years in custody, if the appeal is not taken up for hearing within the above stated period."
(underlined for emphasis) A written objection has been filed on behalf of the State of Bihar in terms of the first proviso to Section 389 (1) of Patna High Court CR. APP (DB) No.1338 of 2019(8) dt.01-08-2022 3/4 the Code of Criminal Procedure.
Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the appellant has submitted that the appellant has remained in custody since 30.11.2005 to 30.11.2006 during the Trial and 16.09.2019 till date. He submits that the appellant has thus completed nearly four years in custody and in the light of the Court's observation and liberty granted in its order dated 13.02.2020, this Court may exercise discretion under Section 389 (1) of the Code of Criminal Procedure for release of the appellant on bail.
Learned Additional Public Prosecutor for the State has opposed the prayer for bail.
In our opinion, in view of this Court's observation in the order dated 13.02.2020 made in the background of submissions advanced on behalf of the appellant, a case is made out for exercise of discretion under Section 389 (1) of the Code of Criminal Procedure by directing release of the appellant on bail keeping in mind the fact that this appeal is not likely to be taken up for final hearing in near future.
Accordingly, I.A. No. 01 of 2021 is allowed. Let the appellant, namely, Satish Singh be released on bail during the pendency of the appeal on furnishing bail bond Patna High Court CR. APP (DB) No.1338 of 2019(8) dt.01-08-2022 4/4 of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Gopalganj in Sessions Trial No. 506 of 2006 arising out of Kuchaikote P.S. Case No. 131 of 2005.
The sentence shall remain suspended in the meanwhile.
(Chakradhari Sharan Singh, J) ( Khatim Reza, J) K.K.RAO/-
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