UJJWAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant no. 1 and learned Additional Public Prosecutor for the State.

(2.) By filing this interlocutory application, the appellant no. 1 prays for staying the order of conviction dtd. 13/4/2021 passed by learned Additional Sessions Judge-III, Patna City, Patna in Sessions Trial No. 738 of 2016 arising out of Alamganj P.S. Case No. 93 of 2016. By the judgment and order under appeal, the appellant has been convicted for the offence punishable under Ss. 304B/306 of the Indian Penal Code (in short 'IPC') and has been awarded ten years rigorous imprisonment for the offence punishable under Sec. 304B IPC and seven years rigorous imprisonment and a fine of Rs.40,000.00 for the offence punishable under Sec. 306 IPC and in default of payment of fine, he shall be liable to undergo rigorous imprisonment for one year.

(3.) The appellant no. 1 preferred I.A. No. 2 of 2023 for suspension of his sentence and release on bail during pendency of the appeal which has been allowed vide order dtd. 3/4/2024 after noticing that the appellant no. 1 had remained in incarceration for half of the period of sentence but the appeal is not likely to be heard in near future.