(1.) Heard Mr. Mohan Kumar Dubey, counsel appearing on behalf of the appellant.
(2.) This appeal has been filed against the judgment and order dated 27.08.2019 passed in Sessions Trial No. 70 of 2016 by the learned Additional Sessions Judge-V, Deoghar arising out of Mohanpur P.S. Case No. 407/15 corresponding to G.R. No. 2016 of 2015 under Sections 341,323, 324, 379, 307 of the Indian Penal Code whereby and whereunder the appellant has been convicted and sentenced for the offence under Section 326 of the Indian Penal Code to undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/- (Rupees Five thousand) and in case of default of payment of fine, the appellant shall further undergo simple imprisonment for three months. The period of detention undergone by the appellant during the trial is set off against the sentence of imprisonment under section 428 of Cr. P.C. However no separate punishment has been awarded to the appellant under Sections 323 and 324 of IPC as the appellant has been awarded sentence under Section 326 of IPC.
(3.) Counsel submits that I.A. No. 9209 of 2019 has been filed for confirmation of provisional bail granted to the appellant by the learned court below vide order dated 27.08.2019 for the period of 60 days. He submits that the provisional bail granted to the appellant is expiring on 25.10.2019. Learned counsel further submits that there are no defects in the appeal, thus the appeal may be admitted and lower court records may be called for.