Patna High Court - Orders
Subir Kumar @ Chhotiya vs The State Of Bihar on 30 November, 2022
Bench: Chakradhari Sharan Singh, Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.104 of 2022
Arising Out of PS. Case No.-46 Year-2019 Thana- MAHILA PS District- Jehanabad
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Subir Kumar @ Chhotiya S/O Sudhir Prasad R/O Village- Pandui, P.S.- Paras
Bigha, Distt.- Jehanabad
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Alok Kumar Alok, Advocate
For the Respondent/s : Mr. Dilip Kumar Sinha, 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)
4 30-11-2022The appellant has put to challenge the judgment and order dated 29.11.2021 and 30.11.2021, passed by the learned Trial Court whereby, after having been convicted of various offences punishable under the Indian Penal Code including Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, he has been sentenced to undergo Rigorous imprisonment for life.
This appeal is pending since 11.02.2022. Section 374(4) of the Code of Criminal Procedure, mandates expeditious hearing of the appeals arising out of conviction under Section 376, 376(A), 376(AB), 376(B), 376(c), Patna High Court CR. APP (DB) No.104 of 2022(4) dt.30-11-2022 2/2 376(D), 376(DA), 376(DB) or 376(E) of the Indian Penal Code. The said provision further requires that such appeal should be disposed of within a period of six months from the date of filing of such appeal.
In such view of matter, instead of considering the appellant's prayer of his release on bail during the pendency of the appeal, it is considered desirable, keeping in mind the statutory prescription envisioned under Section 374(4) of the Code of Criminal Procedure, to expedite hearing of the appeal itself.
List this appeal for hearing on 06.02.2023, at 02:15 pm. Registry is directed to prepare the paper book in the meanwhile.
(Chakradhari Sharan Singh, J) ( Khatim Reza, J) shanu/-
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