ORDER

Heard learned counsel for the petitioners as well as learned APP.

2. Against the judgment of conviction and sentence dated 28/31-07-2017 relating to S.T. No. 351/2010 passed by Additional Sessions Judge-FTC-II, Katihar holding the accused guilty for an offence punishable under Section 376, 342 of the IPC and directed to undergo RI for 8 years as well as to pay fine along with default clause under Section 376 IPC, no separate sentence was passed with regard to Section 342 IPC, the convicts have preferred three Criminal Appeals (SJ) Nos. 2828/2017, 2663/2017 and 2522/2017. After admission of the respective appeals, prayer for bail was made at their end asking for suspension of sentence till pendency of the respective appeals and, after considering the materials available on the record, vide order dated 21.12.2017, the same was rejected.

3. It is apparent that on behalf of appellants of Cr. Appeal (SJ) No. 2363/2017 an Interlocutory Application bearing No. 02/2019 has been filed in order to stay of realization of fine till pendency of the appeal under the garb of principle decided by the Apex Court in the case of Satyendra Kumar Mehra vs. State of Jharkhand reported in 2018(2) PLJR