Rajesh Yadav @ Rajesh Kumar Yadav v. State of Bihar
2023-07-26
ARVIND SRIVASTAVA, SUNIL DUTTA MISHRA
body2023
DigiLaw.ai
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.