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Judgment
I.A. No. 4022 of 2017
The present interlocutory application has been filed on behalf of the appellants praying for grant of bail after suspending the sentence during the
pendency of the appeal, who have faced trial in Sessions Trial No. 104 of 2004 and by judgment of conviction dated 23.03.2017 and order of
sentence dated 28.03.2017 passed by Sri Ramesh Kumar Srivastava, learned 2nd Additional Sessions Judge, F.T.C. Bermo at Tenughat,
whereby and whereunder the appellants have been held guilty for the offence under sections 148, 325 & 307 read with section 149 of the IP.C,
and sentenced to undergo R.I for seven years each under section 307 I.P.C read with section 149 I.P.C and further directed to pay Rs. 2,000/fine
and in default of payment of fine further R.I for two months each, further sentenced to undergo R.I for a period of two years under sections 325
read with section 149 of the I.P.C and to pay a fine of Rs. 2,000/each and in default of payment of fine, further R.I for two months, further
undergo R.I for two years for the offence under sections 148 of the I.P.C and to pay fine of Rs. 2,000/each and in default of payment thereof
further R.I for two months and all the sentences were directed to run concurrently. Apart from that the appellantKhelu Mahto and Harlal Mahto
were directed to pay Rs. 25,000/each as way of fine and total amount which comes as Rs.50,000/after its realization shall equally be given to
injuredvictims P.W. Chhotu Mahto, P.W.2, Bholi Mahto, P.w.3 Dhumlal Mahto and P.W.5 Tula Ram Mahto.
It was submitted by the counsel for the appellants that coappellant has been granted bail during pendency of appeal in Cr. Appeal (Sj) No. 711
of 2017.
Learned APP has opposed the prayer for bail.
In the facts and circumstances of the case, I hereby suspend the sentence awarded to aforesaid appellants and accordingly, above named
appellants are directed to be released on bail during pendency of this instant appeal on furnishing bail bond of Rs. 10,000/( Rupees ten
thousands)each with two sureties of the like amount each to the satisfaction of the court of Sri Ramesh Kumar Srivastava, learned 2nd Additional
Sessions Judge, F.T.C., Bermo at Tenughat, in connection with Sessions Trial No. 104 of 2004.
I.A. No. 4022 of 2017 stands allowed and disposed of.
Let a copy of this order be communicated to the trial court through FAX.