Sharwan Mistry vs State Of Bihar on 24 October, 2011

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Appeal (SJ) No.1077 of 2010
                                        Sharwan Mistry
                                              Versus
                                        State Of Bihar
                                 ----------------------------------

5.   24.10.2011              I.A.No. 2182 of 2011

                                   None appears.

Heard Shri S.N.Prasad, learned A.P.P. on the

prayer for bail of the appellant which was rejected by an order

passed on 16.3.2011 at that particular stage of hearing of the

matter. The learned trial Judge, who passed the judgment read

the evidence of P.Ws. 6 and 7 who are the sons of the

prosecutrix for recording the conviction. The record shows

that those witnesses had not been examined by the

Investigating Officer. The case was instituted on the basis of a

complaint under Section 156(3) Cr. P.C. There was no medical

report either.

Considering the above circumstances, let the

appellant Sharwan Mistry be directed to be released, during

pendency of this appeal, on furnishing a bond of Rs. 10,000/-

(ten thousand) with two sureties of the like amount each to the

satisfaction of the trial court, i.e., 4th Additional Sessions

Judge, Hilsa,. Nalanda in Sessions Trial No. 303 of 2002.

As regards the sentence of fine, realisation

thereof shall remain stayed till further orders.

        Kanth                                              ( Dharnidhar Jha, J.)