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Judgment
I.A. No. 4986 of 2016 has been filed on behalf of appellant – Amit Kumar Singh under Section 389 (1) of the Cr.P.C. is pressed. The appellant has faced the trial in S.T. No. 344/2014 before the Court of Sri Syed Saleem Fatmi, learned Additional Sessions Judge-XII, Dhanbad, who under judgment dated 21.07.2016 has held the appellant guilty under Section 395 of the I.P.C. and further direct him to undergo R.I. for 5 years and a fine of Rs. 1,000/- for offence under Section 395 of the I.P.C. and in default of payment of fine, appellant shall serve further S.I. for one year.
Further, from perusal of record, it appears that appeal was filed on 04.08.2016 and admitted on 12.08.2016 and lower court records was called for.
On receipt of lower court records, prayer for bail was pressed.
Learned counsel for the appellant has submitted that petitioner has remained in custody for about 10 months.
From close scrutiny of evidence of P.W.-2 Raju Hari, informant of the case, who is victim and whose possession Rs. 46,660/- was snatched has not identified the appellant.
The regular criminal appeal (S.J.) of 2003-04 have been heard. So, there is no likelihood of appeal being heard in near future. Therefore, it is prayed that the appellant may be admitted on bail after suspending his sentence.
Learned APP opposed the prayer for bail.
In the facts and circumstances, I am inclined to admit the appellant on bail and suspend the sentence awarded to the appellant and appellant, namely, Amit Kumar Singh is directed to be released on bail, during pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XII, Dhanbad, in connection with S.T. No. 344/2014 arising out of Putki (Badhabandh) P.S. Case No. 55 of 2014 corresponding to G.R. No. 1800 of 2014, subject to the condition that one of the bailers shall be the close relative of the appellant.
I.A. No. 4986 of 2016 stand disposed of.
Let a copy of order be communicated to the trial court.