In this criminal appeal, the Patna High Court allowed the appeal and directed the release of the appellant on bail pending the trial of the criminal appeal, citing prosecution evidence including that of a doctor against him.
Directed release of appellant on bail by furnishing bonds of Rs. 10,000 with two sureties, pending the criminal appeal.
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.4745 of 2018
Arising Out of PS. Case No.-22 Year-2013 Thana- SAHIYARA District- Sitamarhi
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Chunchun Singh Son of Bijali Singh Resident of Village-Sahiyara,P.S. Sahiyara,Distt.-Sitamarhi
... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ramakant Sharma, Sr. Adv. Mr.Pushpendra Kumar Singh, Adv. For the Respondent/s : Mr. Bipin Kumar, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
7 25-07-2019
Supplementary affidavit has been filed on behalf of appellant. Taken on record.
Heard learned counsel for the appellant as well as learned APP.
The present appeal has been filed in accordance with Section 389(2) of the Cr.P.C at the end of the appellant on account of refusal of prayer for bail after suspending the sentence till pendency of an appeal in accordance with Section 389(1) of the Cr.P.C. by the learned Sessions Judge, Sitamarhi in Cr. Appeal No.31/2018.
After perusal of the order impugned, it is evident that main ground for rejection is that the witnesses including the doctor has supported the case of the prosecution. The judgment of conviction and sentence is Annexure-2 and after going through the same more particularly, it is evident that the status
Patna High Court CR. APP (SJ) No.4745 of 2018(7) dt.25-07-2019 2/2
of the appellant is found to have facilitated the co-accused Laxman Singh to pierce the 'chura' by apprehending Munna Kumar Singh and in the aforesaid facts and circumstances of the case, appellant Chunchun Singh is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Assistant Sessions Judge,IInd, Sitamarhi in connection with Sessions Trial No. Sessions Trial No.92/2015 arising out of Sahiyara P.S. Case No.22/2013, till pendency of Cr. Appeal No.31/2018 pending before Sessions Judge, Sitamarhi.
Thus, appeal is allowed.
(Aditya Kumar Trivedi, J.)
1 issue framed by the court
Whether bail should be granted in the pending appeal despite the refusal of suspension of sentence by the lower court.
Chunchun 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
