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Patna High Court - Orders

Chandra Pratap Singh @ C.K. Singh @ Chand ... vs The State Of Bihar on 25 November, 2013

Author: V.N. Sinha

Bench: V.N. Sinha

      Patna High Court CR. APP (DB) No.291 of 2012 (4) dt.25-11-2013




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Appeal (DB) No.291 of 2012
                  ======================================================
                  Chandra Pratap Singh @ C.K. Singh @ Chand Pratap Singh, son of Late
                  Ramesh Singh, resident of village Sahejani, Police Station Piro, District
                  Bhojpur
                                                                      .... .... Appellant/s
                                                   Versus
                  The State Of Bihar
                                                                     .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     : Mr. Surendra Kumar Singh, Advocate
                                              Mr. Ganesh Prasad Singh, Advocate
                  For the State          : Mr.
                  For the informant      :    Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI
                             and
                             HONOURABLE MR. JUSTICE V.N. SINHA

                  ORAL ORDER
                  (Per: HONOURABLE MR. JUSTICE I. A. ANSARI)


4   25-11-2013

REF.:- I.A. NO. 1627 OF 2013 We have heard Mr. Surendra Kumar Singh, learned Counsel for the appellant and Ms. Anita Kumari Singh, learned Counsel for the informant, we have also heard Mr. G. P. Jaiswal, learned Additional Public Prosecutor, for the State.

Pending decision on the question as to whether provisional suspension of sentence, pending appeal against conviction, is permissible in law, we hereby, in the interest of justice and taking into account the practice, which has been followed in this Court, direct that the sentence, passed against the appellant, above named, shall stand suspended until 2nd December, 2013, and he shall be released Patna High Court CR. APP (DB) No.291 of 2012 (4) dt.25-11-2013 accordingly on bail till 2nd December, 2013, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties, each of the like amount, to the satisfaction of the learned Additional Sessions Judge, Fast Track Court No. II, Bhojpur, Ara, in connection with Sessions Trial No. 263 of 2009/37 of 2010, arising out of Ara Town Police Station Case No. 48 of 2009.

We further direct that, on or before 2nd December, 2013, the appellant, above named, shall surrender before the learned Additional Sessions Judge, Fast Track Court No. II, Bhojpur, Ara, for further necessary follow-up order to be passed by the learned Court below so that the appellant can be remanded to the judicial custody for undergoing the sentence of imprisonment passed against him.

I. A. NO. 1627 of 2013 shall stand disposed of accordingly.

Let this appeal be listed, for further orders, on 4th December, 2013.

(I. A. Ansari, J) (V.N. Sinha, J) Prabhakar Anand/-