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Judgment
Leave is granted to the petitioner to file a duly affirmed application before this Court as per the Rules within 48 hours of resumption of normal functioning of the court and subject to the undertaking by the petitioner to do so, we propose to take up the C.R.A.N. application for hearing through Video Conference.
The petitioner was all along on bail during the entire course of trial.
This is an application under Section 389(1) of the Code of Criminal Procedure, seeking stay of the order of conviction and sentence together with realisation of fine. The petitioner has stated that previously order of conviction was set aside by this Hon'ble Court upon consideration of the evidence on record and it has been remitted back for retrial to consider the evidence of six witnesses which were not gone into properly by the trial court on earlier occasion.
We have gone through the averments made in the application and considered the order by which he has been convicted. The order of conviction under Section 304 Part-I, we are satisfied that there is merit in the appeal which will be heard out in due course. We also consider that this is not such a case where we should reject the prayer for bail of the petitioner.
We, therefore, direct that the stay of order of conviction and we also direct stay of realisation of fine subject to furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of Rs.5,000/- each, to the satisfaction of concerned Learned Judge-in-Charge, Fast Track Court, Bichar Bhawan with further condition that the petitioner shall not leave the jurisdiction of the Police Station mentioned in the application without permission of the Officer-in-Charge of the concerned Police Station.
It is also ordered that before the petitioner being released by the Jail Authority he shall be subjected to proper medical examination by the medical authorities attached with the Correctional Home and shall be released only upon perusal of the fit certificate so issued by the said authority.
Learned Judge-in-Charge of Bichar Bhawan and all other concerned authorities shall act on a downloaded copy from the official website of this Court.
With the above directions, the C.R.A.N application stands disposed of.