High Court Patna High Court - Orders

Md. Shamim Akhtar vs The State Of Bihar on 17 October, 2011

Patna High Court – Orders
Md. Shamim Akhtar vs The State Of Bihar on 17 October, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Appeal (SJ) No.850 of 2011
                                     Md. Shamim Akhtar
                                             Versus
                                    The State Of Bihar
                                ----------------------------------

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.)