ADITYA KUMAR TRIVEDI
Jhandu @ Sundar Paswan son of Late Ramashish Paswan – Appellant
Versus
State of Bihar – Respondent
Heard learned counsel for the appellants as well as learned APP.
2. A prayer has been made on behalf of all the three appellant, namely, Jhandu @ Sundar Paswan (Criminal Appeal (SJ) No.2319 of 2017) as well as Jagdip Beldar, Moti Paswan (Criminal Appeal (SJ) No.2348 of 2017) to grant bail after suspending sentence as provided under Section 389(1) CrPC.
3. All the appellants have been found guilty for an offence punishable under Section 376/34 of the IPC and sentenced to undergo RI for 10 years as well as to pay fine of Rs. 15,000/- and in default thereof, to undergo SI for one year additionally, under Section 452/34 IPC, sentenced to undergo RI for 5 years as well as to pay fine appertaining to Rs. 5,000/- in default thereof, to undergo SI for 3 months additionally with a further direction to run the sentences concurrently in connection with Sessions Trial Nos. 1370/2011 as well as 801/2002 respectively arising out of Daniyawan PS Case No. 10/2001, by the Additional Sessions Judge-14, Patna where both the sessions trial sailed independently.
4. Before entering into merit of the case, from perusal of the lower court records, it is evident that initially Complaint Case No. 354/20
Anurag Baitha v. State of Bihar 1987 PLJR 485
Atul Tripathi v. State of Uttar Pradesh reported in (2014) 9 SCC 177
Ash Mohammad v. Shiv Raj Singh as reported in (2012)9 SCC 446
Babu Singh v. State of U.P as reported in AIR 1978 SC 527
Bhagwan Rama Shinde Gosai v. State of Gujarat reported in AIR 1999 SC 1859
Bakshish Ram v. State of Punjab reported in (2009) 6 SCC 561
Bhagirathsinh vs. State of Gujarat 1984 (1) SCC 284
Chandra Shekhar Bharti v. State of Bihar reported in 2014 CrLJ 2953
Joginder Kumar vs. State of U.P. & Ors. 1994(4) SCC 260
Kashmira Singh v. State of Punjab
Kashmira Singh v. State of Punjab
Narayan @ Naran v. State of Rajasthan {(2007) 6 SCC 465}
Rajesh Ranjan Yadav @ Pappu Yadav v. CBI through Its Director as reported in (2007) 1 SCC 70
Kashmira Singh vs. State of Punjab 1977(4) SCC 291
Shaheen Welfare Association vs. Union of India & Ors. 1996(2) SCC 616
State of Maharashtra v. Anand Chintaman Dighe
Surinder Singh @ Shingara Singh v. State of Punjab as reported in AIR 2005 SC 3669
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