IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.689 of 2010
MOHD.SAYEED & ORS
Versus
THE STATE OF BIHAR
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4/ 1.4.2011 Heard learned counsel for the parties upon I.A. No. 738
of 2011 by which two appellants, Md. Ali and Md. Majid, have
renewed their prayer for bail, which was earlier rejected by order
dated 23.9.2010.
The appellants have been convicted under sections 395,
341 and 323 of the IPC and section 27 of the Arms Act.
The contention is that it is stated in the FIR itself that
the parties were at dispute for a particular land. By drawing the
attention of the court to paragraph 11 of the judgment, relevant
Exts. A and B filed by the defence, it was contended that the
appellant Md. Ali had filed two criminal cases prior to the
occurrence against P.W. 1 and his sons and that was the reason
that the police had also recorded this fact during investigation
and had submitted charge sheet only under section 379 etc. IPC.
Regard being had to the submission and the admitted
position of pending litigation between the parties, let two
appellants Md. Ali and Md. Majid, during the pendency of the
appeal, be released on bail on furnishing bail bond of
Rs.10000/(ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Sessions Judge,
Rosera, Samastipur in S.T. No. 443 of 2001.
2
As regards the sentence of fine, realization thereof
shall remain stayed during the pendency of the appeal.
Anil/ ( Dharnidhar Jha, J.)