IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.645 of 2023 Arising Out of PS. Case No.-39 Year-2018 Thana- BEGUSARAI MUFFASIL District-

Begusarai ======================================================

Raj Babu Singh @ Raja Babu Singh Son of Indradeo Singh @ Indradeo Mahto Resident of Laxmipur Dhabauli, P.S. - Mufassil (Lakho O.P.), Distt. -

Begusarai ... ... Appellant Versus The State of Bihar ... ... Respondent ======================================================

Appearance :

For the Appellant/s : Mr. Rohit Raj, Advocate Mr. Anuj Kumar, Advocate For the Respondent/s : Mr. Binod Bihari Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

6 11-03-2026 I.A. No. 1 of 2025 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. By filing this interlocutory application, the appellant has renewed his prayer for suspension of sentence and release on bail during pendency of the appeal.

3. The appellant has been convicted and sentenced vide judgment and order dated 12.05.2023 and 17.05.2023 respectively passed by learned Additional District and Sessions Judge-V, Begusarai in Sessions Trial No. 591 of 2018 arising out of Mufassil (Lakho O.P.) P.S. Case No. 39 of 2018 whereby and whereunder the appellant has been convicted for the offences punishable under Section 302/34 of the Indian Penal Code (in short ‘IPC’) and sentenced to undergo rigorous life imprisonment with a fine of Rs. 25,000/- and in default of payment of fine, he shall undergo simple imprisonment for six months. He has been further sentenced to undergo rigorous imprisonment for three years and fine Rs. 5,000/- for the offences punishable under Section 27 of the Arms Act and in default of payment of fine, he shall undergo simple imprisonment for one month.

4. Earlier this Court vide order dated 09.04.2024 had rejected the identical prayer of the appellant but with an observation that “considering the entire aspect of the matter and the period of custody, at this stage, we are not inclined to grant suspension of sentence and release on bail to the appellant.”

5. Further, this Court observed in paragraph ‘9’ of its order dated 09.04.2024 as under:-

“9. Since, the appellant has remained in custody for little more than six years, we are of the view that if the appeal is not heard within one year from today, the appellant may renew his prayer for bail.”

6. Learned counsel for the appellant submits that this case is of the year 2024 and presently in normal course, the appeals against conviction of the year 2019 are being listed unless a case is especially fixed.

7. Learned counsel submits that the appellant has remained in incarceration for almost eight years, therefore, keeping in view the observations of this Court, the prayer for suspension of sentence and release on bail of the appellant may be allowed.

8. We have perused the order dated 09.04.2024 passed by this Court and find substance in the submissions of learned counsel for the appellant.

9. The appellant has also placed reliance before this Court a recent judgment of the Hon’ble Supreme Court in the case of Muna Bisoi vs. State of Odisha arising out of SLP (Crl.) Diary No. 163 of 2026 in which relying upon the earlier Constitution Bench judgment in the case of Kashmira Singh vs. State of Punjab reported in (1977) 4 SCC 291, the Hon’ble Supreme Court has taken a view as under:-

"13. Bearing in mind that nothing is on record to indicate that delay in disposal of the appeal is attributable to the appellant and giving due consideration to what this Court in Kashmira Singh (supra) observed with regard to the necessity of reconsidering the practice of denying bail to murder convicts languishing in custody for five-six years, we are inclined to allow the appeal by suspending the sentence of life imprisonment impos