Appellant released on bail after being convicted under Sections 302/34 IPC and Sections 3 (i)(r)(s) of SC/ST Act: High court of Patna
The additional sessions judge refused the prayer of the appellant for regular bail as the appellant was convicted under Sections 302 Indian Penal Code, “Punishment for murder, whoever commits murder shall be punished with death, imprisonment for life, and shall also be liable to fine.” Section 34 of the Indian Penal Code, “Acts done by several persons in furtherance of common intention.” And Sections 3 (i) (r) (s) of SC/ST Act (Punishments for offenses of atrocities) in connection with PS Case No 77 of 2020. Therefore, an appeal under Section 14 – A (2) of Scheduled Castes and Scheduled Tribes act, “Special Court, for the purpose of providing for speedy trial under this Act” was presented by the appellant in the high court.
This judgment was given in the high court of Judicature at Patna by Honorable Mr. Justice Madhuesh Prasad on the 15th of July 2021 in the case of Ajay Yadav v/s the state of Bihar criminal appeal No 2331 of 2021, Mr. Anil Kumar represented as the advocate for the petitioner and Mr. Sadanand Paswan represented the state of Bihar as the special public prosecutor. The proceedings of the court were held through video conferencing
The following are the facts of the case, The informant lodged an FIR after she recovered the dead body of her husband from the river, she raised suspicion against the appellant and others of the crime of killing her husband because earlier that day the husband of the informant and the appellant has an altercation and, in the evening when the husband left home, he did not return.
However the counsel for the appellant submitted that this case is based on suspicion and no proper evidence, the co-accused has also been released on bail by the lower courts, the appellant has no previous criminal antecedent and the appellant has been held in custody since 9th December 2020. The special public prosecution raised his objection against the prayer for bail The court held that regarding the nature of accusation and submission of reports regular bail under section 439 Cr.P.C. was allowed and the impugned order on 21st February 2021 was set aside
The court concluded that “Let the appellant above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Session Judge, in PS Case No 77 of 2020 subject to the following conditions: (1) That one of the bailors will be a close relative of the appellant who will give an affidavit giving genealogy as to how he is related with the appellant. The bailor will also undertake to inform the Court if there is any change in the address of the appellant. (2) That the appellant will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be canceled.”