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2009 Supreme(Pat) 471

SHEEMA ALI KHAN, SHIVA KIRTI SINGH
Md. Shahabuddin Son Of Shri S. M. Hasibullah – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Sheema Ali Khan, J.

1. The prayer in I.A. No. 178 of 2009 is to release the appellant on bail in Sessions Trial No. 67 of 2004 after the appeal was admitted on 30.05.2007 and I.A. No. 505 of 2009 has been filed for suspending the conviction and sentence under Section 389(1) of the Code of Criminal Procedure.

2. The appellant is convicted to undergo rigorous imprisonment for life and a fine of Rs. 10,000/-, in default of payment of fine, the appellant has to further undergo simple imprisonment for one year for the offence which have been committed under Section 364/34 of the Indian Penal Code.

3. The appellant had moved this Court during the pendency of the appeal for bail on 08.03.2007 and on 25.08.2008. While rejecting the prayer for bail on 25.08.2008, this Court had observed that on considering the earlier order and "all the facts, the prayer for bail of the appellant is again rejected at this stage". This Court has also directed for the expeditious hearing of the appeal.

4. Before discussing the arguments advanced on behalf of the appellant for grant of bail and also for suspending the sentence, it would be relevant to state in brief the prosecution case. It has been a















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