Patna High Court – Orders
Kailash Pandit vs The State Of Bihar on 20 June, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4215 of 2024
Arising Out of PS. Case No.-53 Year-2017 Thana- SABAUR District- Bhagalpur
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Kailash Pandit Son of Late Shyam Pandit, Resident of village- Bade Dharpur,
P.S - Goradih, District- Bhagalpur. ... ... Appellant/s
Versus
The State of Bihar. ... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Braj Nandan Kumar Tiwary, Advocate
Mr. Shashank Shekhar Sinha, Advocate
For the Respondent/s : Ms.Abha Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 20-06-2025
I.A. No. 01 of 2025
Heard learned counsel appearing on behalf of the
parties. This is a tied-up matter.
2. The present matter was taken on board for
considering the prayer of bail and suspension of sentence of above
named appellant/convict during pendency of appeal under Section
389(1) of the Code of Criminal Procedure (in short Cr.P.C.) as
raised through present petition, which filed in present appeal,
preferred under Section 374(2) of the Cr.P.C. against the
judgment of conviction dated 22.07.2024 and order of sentence
dated 27.07.2024, rendered by the learned Additional Sessions
Judge-XIV, Bhagalpur in S.T. No. 409/2019 arising out of Sabour
(Goradih) P.S. Case No. 53 of 2017, by which the learned trial
court has convicted the appellant for the offences under Sections
323, 354, 354(A), 354(B), 342, 504 read with Section 149 of
I.P.C., and sentenced him for the offence under Section 354/149
Patna High Court CR. APP (SJ) No.4215 of 2024(6) dt.20-06-2025
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of the Indian Penal Code to undergo rigorous imprisonment for five
years and fine of Rs. 5000/-(Rupees Five Thousand), and further
sentenced him for the offence under Section 354-A/149 of the
Indian Penal Code to undergo simple imprisonment for one year
and further sentenced him for the offence under Section
354(B)/149 of the IPC to undergo rigorous imprisonment of seven
years and fine of Rs. 5000/- (Rupees Five Thousand) and in
default of payment of fine, he shall undergo additional simple
imprisonment for one year and further sentenced him for the
offence under Section 342/149 of the IPC to undergo simple
imprisonment of one year and further sentenced him for the
offence under Section 323/149 of the IPC to pay fine of Rs.
1000/- (Rupees One Thousand) and in default of payment of fine,
he shall undergo simple imprisonment for seven days and further
sentenced him for the offence under Section 504/149 of the IPC
to pay fine of Rs. 5000/- (Rupees Five Thousand) and in default of
payment of fine, he shall undergo additional simple imprisonment
for one month. All sentences shall ordered to run concurrently.
3. Learned counsel appearing on behalf of the
appellant/convict submitted that the conviction in this matter by
learned trial court appears out of sole testimony of victim, who
examined before the learned trial court as PW-1. It is submitted
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that if testimony of PW-1 be taken into totality in view of
allegation as raised through FIR, she cannot be said a “Sterling
Witness” as to believe the allegation qua occurrence as deposed
before the learned trial court. It is pointed out that the Ranjeet
Paswan, who was also assaulted by villagers and accused persons
could not examined during the trial, who could be best witness of
the occurrence otherwise. It is submitted that FIR was lodged by
SHO of Bhagalpur Mahila Police Station but she was also not
examined during the trial and, therefore, the appellant was
deprived from his valuable right of defence. It is also submitted
that the investigating officer of this case, who examined before the
learned trial court as PW-8, categorically stated that he never met
with victim whenever he visited place of occurrence. It is also
pointed out that as per the deposition of PW-8, it transpires that
nothing incriminating seized by him as to connect
appellant/accused with present occurrence.
4. It is submitted that the appellant/accused implicated
with this case out of neighbourhood disputes and differences and
therefore, on the basis of sole testimony of victim, which appears
prima facie uncorroborated, the conviction as recorded by learned
trial court appears bad in eyes of law.
5. It is further submitted by learned counsel that
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appellant remains in custody since 22.07.2024 i.e. about 11
months and the court in session is hearing the appeal of year 2019
and, therefore, same not likely to be taken up on board in near
future.
6. It is further submitted by learned counsel that in view
of aforesaid, appellant/accused deserves bail. It is pointed out that
appellant was throughout on anticipatory bail during the trial and
the conviction is for fixed term sentence of seven years. In support
of his submission, learned counsel relied upon the legal report of
full Bench of this Court in the matter Anurag Baitha Vs. State
of Bihar reported in AIR 1987 Pat 274(FB):1987 PLJR 485
(FB) and Atul @ Ashutosh Vs. State of Madhya Pradesh ,
(2024) 3 SCC 663
7. Learned APP while opposing the suspension of
sentence and prayer of bail submitted that the victim, who
examined as PW-1, categorically deposed against
appellant/accused as to pulling her saree and, therefore, the
conviction as recorded by learned trial court cannot be viewed with
doubt. It is also pointed out that issues which are raised by
learned counsel appearing for the appellant can be taken into
consideration at the time of final hearing.
8. In view of aforesaid factual and legal submission and
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by taking note of totality of testimony of the informant/PW-1
coupled with the fact that sentence is for fixed term of seven
years, where appellant remains in custody for about 11 months
and as this appeal is not likely to be taken up on board for final
hearing as presently the court is dealing with the business of
Criminal Appeal of year 2019, accordingly, above named
accused/appellant is directed to be released on bail, during the
pendency of the appeal, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned learned Additional Sessions Judge-
XIV, Bhagalpur in S.T. No. 409/2019 arising out of Sabour
(Goradih) P.S. Case No. 53 of 2017.
9. The sentence imposed by the concerned trial court
shall remain suspended during pendency of appeal. Realization of
fine be also kept in abeyance, till disposal of appeal.
10. The appellant shall co-operate in disposal of the
appeal.
11. Observation, as regard to merit, if any, shall be of
no bearing while final hearing of this appeal.
12. Accordingly, I.A. No. 01 of 2025 stands allowed and
disposed of.
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Cr. Appeal (SJ) No. 4215 of 2024
1. List this matter as per its own seriatim before
appropriate Bench.
(Chandra Shekhar Jha, J)
veena/-
U T