IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.435 of 2008
Kamli Mahton
Versus
State Of Bihar
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6/ 11.7.2011 I.A. No. 897 of 2011
The present application has been filed by the appellant
Kamli Mahto whose prayer for bail was earlier rejected twice by
order dated 30th June, 2010.
One of the reasons for rejection of the earlier prayer was
that the appellant had remained in custody only for about a year.
Contention is that the appellant has now remained in custody for
three years. Besides, it was contended that the allegation is of
picking up a chaila from the neighbouring sweetmeat shop and then
assaulting him.
The attention of the court was drawn to paragraph 12 of
the judgment which contains the discussion of medical evidence and
as per that, injury no. 1 which was found on the head of Dinesh
Kumar was simple in nature. There is no allegation against the
appellant of assaulting Umesh Kumar on head.
Considering the nature of injury and the period of custody
which the appellant has remained in jail, during the pendency of the
appeal, let appellant Kamli Mahton be released on bail on
furnishing bail bond of Rs.10000/(ten thousand) with two sureties of
the like amount each to the satisfaction of Additional Sessions
Judge, FTC V, Lakhisarai in S.C. No. 600 of 2002.
2
As regards sentence of fine, realization thereof shall
remain stayed during the pendency of the appeal.
Anil/ ( Dharnidhar Jha, J.)