IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.910 of 2010
SUDAMA SHARMA @ SUDAMA TANTI
Versus
STATE OF BIHAR
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2. 30.7.2010 Admit the appeal.
Call for the lower court records
of Sessions Case No.428 of 2008 from the 2nd
Additional Sessions Judge, Banka.
The appellant has been convicted
under Sections 302,201 and 120(B) of the
Indian Penal Code and sentenced to rigorous
imprisonment for life under Section 302 of
the Penal Code and to pay a fine of Rs.
5,000/- He has further been convicted to
suffer simple imprisonment for six months
under Section 201 of the Penal Code.
Counsel for the appellant submits
that except P.W.6, the father of the
deceased, no one has deposed in favour of
the prosecution and even the evidence of
P.W. 6 is not sufficient to indicate the
involvement of the appellant in the alleged
offence. Considering these facts, the
prayer for bail of the appellant is
allowed.
Let the appellant, namely, Sudama
2
Sharma alias Sudama Tanti be directed to be
released, during pendency of this appeal,
on furnishing a bond of Rs. 5,000/-( five
thousand) with two sureties of the like
amount each to the satisfaction of the
trial court, i.e., the 2nd Additional
Sessions Judge, Banka, in Sessions Case No.
428 of 2008 arising out of G.R.Case No. 63
of 2008.
Realisation of fine imposed upon
the appellant shall remain stayed till
disposal of the appeal.
( Mridula Mishra, J.)
( Dharnidhar Jha, J.)
Kanth