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Judgment
I.A. No. 5993 of 2017
The present interlocutory application has been filed on behalf of the appellant
praying for grant of bail after suspending the sentence during the pendency of the
appeal, who has faced trial in S.T. No. 41 of 2012 and by judgment of conviction and
order of sentence dated 06.2.2017 passed by Sri Paras Nath Upadhyay, District &
Additional Sessions Judge-XIII, Hazaribagh whereby and whereunder the appellant
was convicted under section 323 & 326/34 I.P.C along with other accused and the
appellant and others were directed to undergo R.I for 5 years under section 326 I.P.C
and fine of Rs. 2,000/- and R.I for six months under section 323 I.P.C and in default of
payment of fine further R.I for two months and all the sentences was directed to run
concurrently.
It was submitted that co-appellant were granted bail vide order dated
19.04.2017 in I.A. No.1994 of 2017 and the appellant is in judicial custody since
08.02.2017.
Learned APP has opposed the prayer for bail.
In the facts and circumstances of the case, I hereby suspend the sentence
awarded to aforesaid appellant and accordingly, above named appellant is directed to
be released on bail during pendency of this instant appeal on furnishing bail bond of
Rs. 10,000/- (Rupees ten thousands), with two sureties of the like amount each to the
satisfaction of the court of Sri Paras Nath Upadhyay, District & Additional Sessions
Judge-XIII, Hazaribagh in connection with S.T. No. 41 of 2012. The appellant is
directed to deposit Rs. 20,000/- before the trial court as interim compensation to the
victim on the date of his furnishing bail bond. Thereafter trial court is directed to issue
notice to informant and after his appearance, the aforesaid amount would be released
in favour of the informant after making proper verification.
I.A. No.5993 of 2017 stands allowed and disposed of.
Let a copy of this order be communicated to the court concerned trial court
through FAX.