IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.239 of 2007
KHAKHANU RAM & ANR
Versus
STATE OF BIHAR
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14. 07.09.2010 I.A./No. 1687 of 2010 is a petition for bail of the appellant
No.1 Khakhanu Ram who stands convicted u/s 304(B) (Part-I) and 323
IPC with respective sentence of R.I. for 10 years and R.I. for 1 year.
Learned counsel for the appellant submits that the bail prayer
of this appellant was earlier rejected by this Court vide order dated 19th
April 2007, but with liberty to renew his prayer for bail after
completion of incarceration for a period half the sentence awarded to
him, if the appeal is not disposed of within the period. Further
submission is that during the trial, the appellant remained in custody
from 22nd July 1988 to 3rd April 1089 and from 17th March 2005 to 25th
March 2006 and thereafter he is continuously in custody since 31st
January 2007 i.e. the date of trial court’s judgment and, therefore, it is
submitted that the appellant has remained in custody for a total period
of 5 years but the appeal has not been listed for hearing nor there is any
likelihood of its listing in near future.
Learned A.P.P. does not point out any other material.
Under the circumstances, during the pendency of this appeal,
appellant No.1 Khakhanu Ram is admitted to bail on his furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the trial court, i.e. Addl. Sessions
Judge, F.T.C.II, Buxar in S.T.No. 415 of 1988.
Jay/ (C.M.Prasad,J)