The Patna High Court Grants bail to appellants Anil Yadav and Rana Mahaldar on the grounds that their cases stand on the same footing as co-convicts who were previously released on bail.
Appeal allowed; sentences suspended; appellants released on bail upon furnishing a bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.896 of 2013
====================================================== 1. Anil Yadav, 2. Rana Mahaldar,
.... .... Appellants Versus The State of Bihar .... .... Respondent ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI)
5 24-03-2014
I.A. No. 577 of 2014
Heard Mr. S.C. Mishra, learned counsel for the appellants, and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State.
Considering the evidence on record including the impugned judgment as well as the order, dated 10.05.2011, passed, in Cr. Appeal (DB) Nos. 444 and 445 of 2011, whereby two of the co-convicts, namely, Deepak Kumar Choudhary and Abhisekh Kumar @ Chandan Mandal @ Abhisekh, have been allowed to go on bail.
Considering the fact that case of the present appellants, namely, Anil Yadav and Rana Mahaldar, stand on the same footing as do the cases of the co-convicts, who have been allowed to go on bail, and considering also the nature of materials available on record, we are of the view that the appellants have
Patna High Court CR. APP (DB) No.896 of 2013 (5) dt.24-03-2014
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been able to make out a case calling for suspension of sentences and also for allowing them to go on bail.
In view of the above and in the interest of justice, we, while suspending the sentences passed against the accusedappellants by the learned trial Court, direct that the appellants, named above, during the pendency of this appeal, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties, each of the like amount, to the satisfaction of
the learned Ad hoc Additional Sessions Judge-III, Bhagalpur, in connection with Sessions Trial No. 1247B of 2008/250 of 2013.
I.A. No. 577 of 2014 stands disposed of.
As Lower Court Records have been received, let Registry prepare the paper book, copies thereof be furnished to the learned counsel for the parties concerned and list the appeal in usual course.
(I. A. Ansari, J)
(Samarendra Pratap Singh, J)
Mkr./-
2 issues framed by the court
Whether the appellants, being co-convicts who have made bail with their accomplices, are entitled to be released on bail.
Whether the suspension of the sentences passed against the appellants is warranted in the interest of justice.
Anil Yadav
Rana Mahaldar
The State of Bihar
I. A. Ansari
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
