HARE RAM MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these appeals have been placed before us for consideration of the appellants' prayer for their release on bail upon suspension of sentence under Sec. 389 (1) of the Cr.P.C., during the pendency of these appeals.

(2.) The same judgment of conviction and order of sentence dtd. 10/4/2019/15/4/2019 passed by the learned Additional Sessions Judge-I Rosera (Samastipur) in Sessions Trial No. 688 of 2005 is under challenge in all these criminal appeals. By the aforementioned judgment and order, the appellants stand convicted of the offences punishable under Sec. 302/149 of the Indian Penal Code and other provisions of the Indian Penal Code and have been sentenced to undergo imprisonment for life for the offence under Sec. 302/149 of the Indian Penal Code.

(3.) The State has filed written objection in terms of the first proviso to Sec. 389 (1) of the Cr.P.C. in Cr. Appeal (DB) No. 645 of 2019 and Cr. Appeal (DB) No. 571 of 2019. However, despite opportunity having been granted to the State, no such written objection has been filed in Cr. Appeal (DB) No. 581 of 2019 and Cr. Appeal (DB) No. 665 of 2019.