KARU MAHOTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted u/s. 395 and 364 I.P.C. and sentenced to R.I. for ten years by a judgment dated 20.9.1994 passed by the Assistant Sessions Judge III, Jehanabad in Sessions Trial No.50 of 1993. All the eleven appellants filed Criminal Appeal No.330 of 1994 but for technical reasons the same was dismissed, upon which the appellants approached before the Hon'ble Supreme Court and the matter was remanded for a fresh hearing.

(2.) HOWEVER, the appellants remained in jail till 23.6.1999 on which date they were granted bail. In the mean while the appellant no.7 i.e. Karoo Mahto suppressing the fact that an appeal had been filed also on his behalf vide Criminal Appeal No.330 of 1994 filed fresh Criminal Appeal No.84 of 1995 in which he was granted bail by an order dated 22.9.1995. When this matter came to light, fresh order cancelling the bail granted to appellant no.2 was passed on 29.2.1996. However, I find that the order dated 23.6.1999 by which even the appellant no.7 was granted bail did not take note of this fact and merely stated that the appellants had remained in custody for five years and, therefore, were granted bail.