Rajesh Yadav @ Rajesh Kumar Yadav vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 694

IN THE HIGH COURT OF JUDICATURE AT PATNA
ARVIND SRIVASTAVA and SUNIL DUTTA MISHRA, JJ.
Criminal Appeal (DB) No.1275 of 2018
(26.7.2023)
Rajesh Yadav @ Rajesh Kumar Yadav ... Appellant
vs.
State of Bihar ... Respondents

Advocates appeared:
For the Appellant : M/s Vikramdeo Singh, Nurul Hoda.
For the Respondent: Mr. Dilip Kumar Sinha, APP.

Headnote:
Criminal Procedure Code, 1973 – Section 389 – Suspension of sentence and grant of bail during pendency of appeal – Appellant, in altogether, has remained in custody for more than eight years – There is no likelihood of appeal to be taken up for hearing in near future – Prayer for suspension of sentence and grant of bail to appellant allowed. (Paras 3 to 6)

ORDER

Interlocutory Application No.01 of 2021

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. By way of filing the instant interlocutory application the appellant has renewed his prayer for suspension of sentence and grant of bail during the pendency of appeal.

3. Learned counsel for the appellant submits that earlier the prayer for suspension of sentence and grant of bail of the appellant was rejected on merit by this Court vide order dated 12.12.2018. It is further submitted that the fresh ground for bail is that the appellant has been languishing in jail since 07.09.2018 i.e. the date of his conviction and prior to his conviction, the appellant has already remained in custody for the period of three years and four months and as such the appellant, in altogether, has remained in custody for more than eight years. It is also submitted that there is no likelihood of the appeal to be taken up for hearing in near future.

4. Considering the submissions made above and the unlikelihood of the appeal to be taken up for hearing in near future, the prayer for suspension of sentence and grant of bail to the appellant is allowed. Let the above named appellant be directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Additional Sessions Judge I, Banka in connection with Sessions Trial No.826 of 2014, T.R. No.160 of 2018 arising out of Banka Mahila P.S. Case No.38 of 2014.

5. The order of sentence and realization of fine shall remain stayed during the pendency of the instant appeal.

6. Accordingly, the interlocutory application stands allowed.

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