IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.333 of 2010
SHEIKH ALAUDDIN @ ALA & ORS
Versus
STATE OF BIHAR
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6. 31.08.2010 Heard the bail prayer of the appellant after receipt of
the lower court records.
Appellant stands convicted under Section 374 and
120B IPC.
Learned counsel for the appellant submits that the
appellants have been convicted on hearsay materials and the
informant claims that his brother Mahboob Alam was doing
business in Goa and that he (Mahboob Alam) set out on 4th
August 1999 for going to Goa by train where appellant No.3 Raji
Ahmad @ Md.Raji had told him to join in the way but Mahboob
Alam did not reach Goa and he became traceless and the
informant also stated to have learnt subsequently that appellant
No.3 had withdrawn Rs.50,000/- from the Bank Account of
Mahboob Alam. Learned counsel for the appellant further submits
that there is no eye witness to show that the appellants had
committed any act, overt or covert in disappearance of Mahboob
Alam. It is also submitted that as to the allegation of withdrawal of
money from the Bank, any documentary evidence was not
produced. Learned counsel also submits that the appellants were
on bail during the trial.
Under the circumstances, during the pendency of this
appeal, appellants, amely, (1)Sheikh Alauddin @ Ala, (2) Sheikh
Shamim Ahmad @ Md. Shamim and (3) Raji Ahmad @ Md. Raji
are admitted to bail on their furnishing bail bond of Rs.10,000/-
(ten thousand) each with two sureties of the like amount each to
the satisfaction of the trial court i.e. Addl. Sessions Judge-IV,
Bhagalpur in S.T.No. 100 of 2001 and 118 of 2004.
The realization of fine imposed on the appellants shall
also remain stayed, during the pendency of this appeal.
Jay/ (C. M . Prasad, J.)