IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.850 of 2011
Md. Shamim Akhtar
Versus
The State Of Bihar
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4. 17.10.2011 The prayer for bail of the appellant Md.Shamim
Akhtar has been considered on receipt of the lower court
records.
The appellant has been convicted under Section
395 of the Indian Penal Code on the basis of the evidence of
five identifying witnesses.
The submission is that the witnesses, like, P.Ws.
11 and 14 in their respective paragraph3 have stated that the
dacoits had put on Galmochha and Turban so as to concealing
their identities. The submission was that the admitted fact, as
may appear from the same paragraph of P.W. 14, was that the
dacoits were apprehended by the police and they were taken to
the hospital where witnesses were also called and were shown
faces of the dacoits. Contention, as such, was that the evidence
of identification was vitiated.
Regard being had to the submission and
evidence, let the above named appellant 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., Ist
Assistant Sessions Judge, Begusarai, in Sessions Trial No. 334
of 1986.
2
As regards the sentence of fine, realisation
thereof from the present appellant shall remain stayed till
further orders.
Kanth ( Dharnidhar Jha, J.)