IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.937 of 2011
Sharma Yadav
Versus
The State Of Bihar
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2. 23.8.2011 This appeal shall be heard.
Call for the lower court records.
As regards the prayer for bail of the appellant,
the contention was that the court below has itself held in
paragraph 20 of the judgment that it could be doubtful as to
whether the place of occurrence was the place where the
prosecution was alleging it to be. The contention further was
that in the light of giving a single lathi blow and death of the
deceased after one day and that too in the background of
enmity for a dispute regarding the correct possession of a wall
which was attempted to be demolished, the court below has
itself felt that the sentence could be on minimal side. It was
further contended that the appellant was all along on bail.
Considering the contentions and the facts of the
case, let the appellant Sharma Yadav 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, il.e,
Additional Sessions Judge, Fast Track Court-II, Bettiah, West
Champaran, in Sessions Trial No. 277 of 2002.
As regards the sentence of fine, realisation of the
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same imposed upon the present appellant shall remain stayed
till further orders.
Kanth ( Dharnidhar Jha, J.)