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2022 Supreme(Pat) 761

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Hare Ram Mahto @ Hare Ram Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Kanhaiya Prasad Singh, Sr. Adv., Surya Narayan Roy, Pratik Mishra (in 645); M/s Ajay Kumar Thakur, Md.Imteyaz Ahmad (in 571); Mr. Sujit Kumar Singh (in 581); M/s Mirityunjay Kumar, Jitendra Kumar Pandey (in 665).
For the Respondent: Km. Shashi Bala Verma (in 645);
M/s Ashwani Kumar Sinha, Abhimanyu Sharma (in 571); Mr. Ajay Mishra (in 581); M/s Shiwesh Chandra Mishra, Dr. Mayanand Jha (in 665).

Chakradhari Sharan Singh, J.—All these appeals have been placed before us for consideration of the appellants’ prayer for their release on bail upon suspension of sentence under Section 389 (1) of the Cr.P.C., during the pendency of these appeals.

2. The same judgment of conviction and order of sentence dated 10.04.2019/15.04.2019 passed by the learned Additional Sessions Judge-I Rosera (Samastipur) in Sessions Trial No. 688 of 2005 is under challenge in all these criminal appeals. By the aforementioned judgment and order, the appellants stand convicted of the offences punishable under Section 302/149 of the Indian Penal Code and other provisions of the Indian Penal Code and have been sentenced to undergo imprisonment for life for the offence under Section 302/149 of the Indian Penal Code.

3. The State has filed written objection in terms of the first proviso to Section 389 (1) of the Cr.P.C. in Cr. Appeal (DB) No. 645 of 2019 and Cr. Appeal (DB) No. 571 of 2019. However, despite opportunity having been granted to the State, no such written objection has been filed in Cr. Appeal (DB) No. 581 of 2019 and Cr. Appeal (DB) No. 665 of 2019.

4. We have heard Mr. Kanhaiya Prasad Singh, learn

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