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2012 Supreme(Pat) 220

NAVANITI PRASAD SINGH, ASHWANI KUMAR SINGH
Bharat Mandal son of Sitaram Mandal – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Appellant/s :Mr. Mr. For the Respondent/s: Mr.

ORDER

(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)

A peculiar situation has arisen. In a sessions trial five persons were found guilty under section 307/149 of the Indian Penal Code and other sections thereof including section 27 of the Arms Act. They were convicted and taken into custody. They were then sentenced on 28.8.2007, inter alia, for life imprisonment and they were further directed to pay a fine of Rs.20,000/- each for offences under Sections 307/149 of the Indian Penal Code and further Rs.2,000/- each for the offence under section 27 of the Arms Act.

2. Two appeals were filed. Criminal Appeal(DB) No.1159 of 2007 was filed by Basudeo Mandal and Dinesh Mandal. In the said appeal initially prayer for bail was rejected. Thereafter, it appears that the present appeal, i.e., Criminal Appeal(DB) No.1340 of 2007 was filed on behalf of Bharat Mandal, Kishori Mandal and Upendra Mandal. In this appeal by order dated 4.1.2008 these three appellants were granted bail but no order was passed in regard to the fine as imposed. These three appellants having got bail, in the earlier appeal, an application was filed for grant of bail. That was considered by order dated 22.5.2008 in






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