The gravity of the murder conviction justifies denial of bail despite time served.

CORAM: HONOURABLE MR. JUSTICE NANI TAGIA and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

12 16-01-2026 Reg. I.A. No. 01 of 2024 This interlocutory application has been filed under Section

389(1) of the Cr.P.C. for suspension of sentence and grant of bail during the pendency of this appeal passed by the learned Additional Sessions Judge-I, Patna in Sessions Trial No. 771 of 2018/C.I.S No. 142 of 2017, arising out of Ramkrishna Nagar P.S. Case No. 142 of 2017 whereby the appellant has been convicted under Section 302/34 and fine of Rs. 10,000/- with default stipulation and under Section 27 fine of Rs. 5,000/- with default stipulation.

2. The aforesaid judgment of the learned Additional Sessions Judge-I, Patna has been challenged by the present applicant/appellant in Criminal Appeal (DB) No. 754 of 2021 and by Bijendra Rai @ Bijendra Yadav in Criminal Appeal (DB) No. 733 of 2021. While both the appeals were considered by this Court on 25.01.2023, this Court had suspended the sentence imposed upon Bijendra Rai @ Bijendra Yadav and enlarged him on bail but the prayer for suspension of sentence and grant of bail insofar as present applicant/appellant is concerned, was rejected as the present appellant/applicant is the main assailant of the deceased. However, by the aforesaid order liberty was granted to the applicant/appellant to renew his prayer for bail after completion of seven years of sentence.

3. The present interlocutory application has been filed by the appellant for suspension of sentence imposed and for enlargement of bail on the ground that the appellant/applicant has spent more than eight years and six months in imprisonment.

4. Upon hearing the learned counsel for the parties as well as perusal of materials available on record, we find that there is an evidence to the effect that the appellant/applicant has shot the deceased with a firearm on the chest, as a result of which the deceased died on spot.

5. Having regard to the nature of evidence available on record as discussed hereinabove, we are not inclined to suspend the sentence and enlarge the applicant/appellant on bail for the present.

6. However, Registry is directed to prepare the paper-book within a month and list this appeal on 17.02.2026, within top ten cases.

7. I.A. No. 02 of 2023 stands disposed off with the above directions.

(Nani Tagia, J)