IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.848 of 2011
Rabindra Singh
Versus
The State Of Bihar
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2/ 25.7.2011 This appeal shall be heard along with Cr. Appeal (SJ) nos.
659 and 679 of 2011 in which the lower court records have already
been called for.
As regards prayer for bail of appellant Rabindra Singh,
allegation against him is that he gave a blow with country made
pistol on the finger of right hand of the informant causing a
lacerated wound.
Considering the allegation, prayer for bail of the appellant
is allowed. During the pendency of the appeal, let appellant above
named 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 District and Sessions Judge FTC IV,
Lakhisarai in S.T. No. 995-A of 1997.
As regards sentence of fine, realization thereof shall
remain stayed during the pendency of the appeal.
While I was going through the judgment passed by the
Presiding Officer, FTC – IV, Lakhisarai in the above noted Sessions
Trial, I could form an opinion as if the court below was at all not
justified in holding that it was a case under section 304 Part II IPC
and the sentence passed on that count appears deficient.
This court proposes to give notice to all the three
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appellants of the three above noted appeals by exercising suo motu
powers of enhancing sentence by calling upon each of them to show
cause why the sentences passed upon each of them be enhanced by
setting aside their acquittal under section 302/149 IPC by reversing
the finding on proof of charges.
Let notices be sent to the three appellants of three appeals
through the Superintendent of Jail, Lakhisarai. Rule made returnable
in four weeks.
After receipt of service report, the three appeals be listed
before the Division Bench.
Anil/ ( Dharnidhar Jha, J.)