IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.263 of 2007
UMESH YADAV & ORS
Versus
STATE OF BIHAR
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7. 12.10.2010 I.A.No. 1817 of 2010 is a petition for bail of
appellants-petitioners Umesh Yadav, Kedar Yadav @ Khara
Yadav and Suresh Yadav.
Heard.
Appellants stand convicted under Section 376/34 and
452 IPC and respectively sentenced to R.I. for 10 years and fine of
Rs.20,000/ and R.I. for 3 years and fine of Rs.5,000/-.
Bail prayer of the appellants was earlier rejected by
this Court vide order dated 18th May 2007 in view of the
allegation and evidence that the appellants along with two others
committed rape upon the victim informant. Learned counsel for
the appellants by filing a supplementary affidavit dated 11th
October 2010 submits that appellant Umesh Yadav and Kedar
Yadav@ Khara Yadav are in custody since 21st January 2002 and
appellant Suresh Yadav is in custody since 24th January 2002.
Learned counsel summits that the three appellants are in custody
for a period exceeding 8 years and 8 months but this appeal has
not been listed for hearing nor there is any likelihood of its listing
in near future.
Thus hearing and considering the period of appellants’
incarceration, during the pendency of this appeal, appellants (1)
Umesh Yadav, (2) Kedar Yadav @ Khara Yadav and (3) Suresh
Yadav are admitted to bail on their furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the trial court i.e. Addl. Sessions
Judge cum-F.T.C.XI, Nalanda at Biharsharif in S.Tr.No. 54/148 of
2004/2006.
The realization of fine imposed on the appellants shall
also remain stayed during the pendency of this appeal.
Jay/ (C. M. Prasad, J.)