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2017 DIGILAW 1155 (PAT)

Anil Kumar v. State of Bihar

2017-09-01

ADITYA KUMAR TRIVEDI

body2017
ADITYA KUMAR TRIVEDI, J.:–Heard learned counsel for the appellant as well as learned Additional Public Prosecutor over the prayer for bail to be allowed during pendency of instant appeal after suspending the sentence in accordance with Section 389(1) of the Cr.P.C. 2. It has been submitted on behalf of appellant that charge was framed for an offence punishable under Section 498A of the IPC, 302/34 of the IPC in an alternative under Section 304B/34 of the IPC however, after scrutinizing the evidence having adduced by the prosecution during course of trial, the remaining accused were acquitted while appellant, being husband of the deceased, has been found guilty for an offence punishable under Section 306 of the IPC and accordingly, sentenced to undergo R.I. for five years as well as to pay fine appertaining to rupees five thousand in default thereof to undergo R.I. for four months, additionally. 3. It has also been submitted that the appellant surrendered on 11.06.2015 and since thereafter, he happens to be under custody. In the aforesaid background, it has been submitted that against imprisonment inflicted for a period of five years, appellant remained under custody for one year and ten months. Apart from this, it has also been submitted that from the evidence available on the record, there is every possibility of instant appeal being allowed. Moreover, the conviction has been recorded for an offence punishable under Section 306 of the IPC so taking together with all the circumstances available on the record, appellant should be released on bail. 4. On the other hand the learned Additional Public Prosecutor opposed the prayer and submitted that the status of the appellant being husband of the deceased puts an obligation upon him which he failed to discharge which ultimately cost life of the deceased and so, appellant should not be released on bail. 5. Forbidding, on the score of giving any kind of finding, considering the materials available on the record, for the present prayer for bail is rejected. In case, appeal is not taken up for hearing within a year then in that circumstance, appellant will be at liberty to renew his prayer for bail.