Sanju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.105 of 2017 Arising Out of PS.Case No. -507 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== Sanju Paswan, Son of Drub Paswan, Resident of Village- Parashi, P.S.- Noorsarai, (Bhagwanpur O.P.), District- Nalanda, presently Residing at Village and P.S.- Chandi, District- Nalanda.

.... .... Appellant/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance:

For the Appellant/s : Mr. Sanjeev Kumar, Adv. For the Respondent/s : Mr. Sri Sujit Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-09-2017 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

This appeal has been preferred under the guise of Section 389(2) of the Cr.P.C. on account of refusal by the learned Appellate Court to release the appellant after suspending sentence during course of pendency of Cr. Appeal No.11/2016 pending before Additional Sessions Judge, IVth, Gaya, vide order dated 22.08.2016.

It is apparent that while informant driver along with Khalasi were coming over Hywa, Bolero laded criminals came and on the pretext of firearm, they forced them to stop the vehicle and then, thereafter, made captive, tied their legs, hands, thrust cloth inside mouth, threw them and took away the vehicle along with mobile sets possessed by them. Anyhow, they untied themselves, approached the police. During course of investigation, looted vehicle was recovered. Furthermore, accused were apprehended identified and even, during course of trial have been identified as is evident from the order impugned.

The learned counsel for the appellant has submitted that appellant happens to be under custody since 16.11.2014 against the sentence inflicted against him along with others R.I. for seven years as well as fine.

Patna High Court CR. APP (SJ) No.105 of 2017 (5) dt.13-09-2017 Considering the nature of the evidence, prayer for bail is rejected and as such, the instant memo of appeal is dismissed with a direction to the learned lower court to proceed with the appeal on priority basis, hear the same and dispose it of within eight weeks. (Aditya Kumar Trivedi, J.) Prakash Narayan U T