The High Court allowed the bail application filed under Section 389(2) CrPC by allowing the appellant to be released on bail while pending appeal, holding that no specific limitation period applies to such applications.
The appellant is to be released on bail on furnishing a bond of Rs. 10,000/- with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2141 of 2019 In
CRIMINAL MISCELLANEOUS No.27539 of 2019
Arising Out of PS. Case No.-22 Year-2013 Thana- SAHIYARA District- Sitamarhi
======================================================
RAJESH SINGH @ RAJESH KUMAR SINGH Son of Late Sukhram Singh Resident of Village and Police Station-Sahiyara, District-Sitamarhi.
... ... Appellant/s
Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sunil Prasad Singh, APP For the Respondent/s : Mr. Z. Hoda, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
7 27-08-2019
Heard learned counsel for the appellant as well as learned APP.
Instant petition happens to be under Section 389(2) of the CrPC, however, as per prevailing nomenclature, it has been within the category of Criminal Appeal. However, no limitation is found prescribed therefor, hence, no order is needed over I.A. No. 1/2019 and accordingly, disposed of.
On account of refusal of prayer having at the end of the appellant along with others in accordance with Section 389(1) of the CrPC asking for suspension of sentence and granting of bail during pendency of instant appeal, the learned appellate court refused the same vide order dated 08.08.2018 under Cr. Appeal No. 31/2018, and on account thereof, the same
Patna High Court CR. APP (SJ) No.2141 of 2019(7) dt.27-08-2019 2/2
has been reagitated by one of them, namely, Rajesh Singh @ Rajesh Kumar Singh.
After going through the materials available on the record (judgment, FIR along with evidence of the witnesses having placed under supplementary affidavit), it is evident that appellant, Rajesh Singh @ Rajesh Kumar Singh is the assailant of Nandlal Singh by means of Chhura over left side of chest. PW-8 is the doctor who had found the size 3CM x 3CM on front of chest, simple in nature caused by hard, blunt substance, whereupon, appellant, Rajesh Singh @ Rajesh Kumar Singh is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Assistant Sessions Judge-2nd, Sitamarhi in S.Tr.No. 92/2015 arising out of Sahiyara PS Case No. 22/2013 till pendency of Cr. Appeal No. 31/2018 pending before Sessions Judge, Sitamarhi in terms of Section 389(2) Cr.PC.
Consequent thereupon, appeal is allowed.
(Aditya Kumar Trivedi, J)
perwez
U T
2 issues framed by the court
Whether to grant bail to the appellant during the pendency of his criminal appeal.
Whether the limitation period bars the acceptance of the application for bail under Section 389(2) CrPC.
1 provisions across 1 enactments
Rajesh Singh @ Rajesh Kumar Singh
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
