The Patna High Court allowed the appellant's prayer to renew his request for suspension of sentence and bail after the expiry of one year from a previous rejection order, while the criminal appeal was pending.
Sentence suspended; appellant released on bail on furnishing a bond of Rs. 10,000/ with two sureties of the like amount each.
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Patna High Court CR. APP (SJ) No.617 of 2013 (5) dt.21-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.617 of 2013
Arising Out of PS.Case No. -117 Year- 2010 Thana -SHERGHATI District- GAYA ====================================================== Ashish Kumar Gupta, Son of Bhagwan Das Gupta, Resident of Village Mastar Mohalla Jori, P.S.-Jori, District.-Chatra (Jharkhand). .... .... Appellant. Versus The State of Bihar .... .... Respondent. ====================================================== Appearance : For the Appellant/s : Mr. For the Respondent/s : Mr. Abha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 21-01-2015 By filing I.A. No. 55 of 2015, sole appellant has renewed his prayer for suspension of sentence and grant of bail, during the pendency of this appeal, in the light of Order No. 4 dated 11.12.2013 whereby the prayer for suspension of sentence and grant of bail of the appellant was rejected with an observation that appellant would be at liberty to renew his prayer for suspension of sentence and grant of bail after one year, if the appeal is not taken up for hearing.
Learned counsel for the appellant submits that appellant has been convicted for the offence under Section 18 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years with a five of Rs.50,000/-, in default of payment of fine, simple imprisonment for one year. The appellant is in jail
Patna High Court CR. APP (SJ) No.617 of 2013 (5) dt.21-01-2015
custody since 13.07.2010. It is further submitted that one year has been elapsed from the order dated 11.12.2013 and there is no likelihood of this appeal being heard in near future as the same has been field in the year 2013.
In view of the aforesaid submission, let the sentence imposed against the appellant (above named) be suspended, during the pendency of this appeal and he be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge,(N.D.P.S. Act), Gaya, in connection with N.D.P.S. Case No. 28 of 2010. One of the bailers must be parents or close relatives of the appellant.
I.A. No. 55 of 2015 is, accordingly, disposed of.
(Rajendra Kumar Mishra, J) Bhardwaj/U T
1 issue framed by the court
Whether the appellant is eligible to renew his prayer for suspension of sentence and grant of bail after one year from the previous rejection order.
1 provisions across 1 enactments
Arish Kumar Gupta
State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
