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2023 Supreme(SC) 455

M. R. SHAH, J. B. PARDIWALA
Omprakash Sahni – Appellant
Versus
Jai Shankar Chaudhary – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Fauzia Shakil, AOR
For the Respondent(s): Mr. Chand Qureshi, AOR Mr. Rakesh Kumar, Adv. Mr. Shailendra Mani Tripathy, Adv. Mr. Manish Kumar, AOR

JUDGMENT :

J.B. PARDIWALA, J.

1. These appeals are at the instance of the original first informant (brother of the deceased) and are directed against a common order passed by the High Court of Judicature at Patna in Criminal Appeal (DB) No. 322 of 2021 and Criminal Appeal (DB) No. 411 of 2021 respectively by which, the High Court suspended the substantive order of sentence of life imprisonment imposed by the Trial Court on the respondent Nos. 1, 3 and 4 respectively herein (convicts) and ordered their release on bail pending the final disposal of the two criminal appeals referred to above.

FACTUAL MATRIX

2. It appears from the materials on record that the respondents Nos. 1, 3 and 4 respectively herein along with six other co-accused were put to trial in the Court of Additional Sessions Judge-VII, Vaishali, Hajipur, District: Vaishali at Hajipur (Bihar) in Sessions Trial No. 280/2019 for the offences punishable under Sections 302, 120-B, 506 respectively read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Section 27 of the Arms Act, 1959 (for short, ‘the


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