Kallu Faruki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.621 of 2015 Arising Out of PS.Case No. -235 Year- 2013 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Kallu Faruki, Son of Shahu Faruki, Resident of Village - Akhalashpur, P.S. - Bhabhua, District - Kaimur (Bhabhua).
.... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Viveka Nand Singh, Advocate For the Respondent/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-11-2015 Heard learned counsel for the appellant and learned counsel for the State.
The appellant has been convicted under Sections 392 and 411 of the Indian Penal Code and sentenced to undergo R.I. for three years and to pay a fine of Rs. 5,000/- under Section 392 and R.I. for two years and to pay a fine of Rs. 3,000/- under Section 411 of the Indian Penal Code.
Since the prayer for suspension of sentence has been refused by the appellate court vide order dated 22.07.2015, the present appeal has been filed under Section 389(2) of the Code of Criminal Procedure.
Patna High Court CR. APP (SJ) No.621 of 2015 (2) dt.09-11-2015 2 / 2 It is contended that by now the appellant has remained in custody for over two years and there is no likelihood of the appeal being taken up for hearing in near future.
It would appear from the record that the appellant was caught red-handed while committing robbery and stolen articles were recovered from his possession.
In that view of the matter, I am not inclined to allow the petition filed on behalf of the appellant. Accordingly, the appeal is rejected.
Since the appellant is in custody for over two years, the learned Additional Sessions Judge-1st, Kaimur at Bhabhua is directed to dispose of the appeal on merits within two months from the date of receipt/production of a copy of the order. (Ashwani Kumar Singh, J.) Sanjeet/- U T