SLP (Crl.) No(s). 11717/2022
ITEM NO.7 COURT NO.14 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 11717/2022
(Arising out of impugned final judgment and order dated 29-08-2022 in CRLM No. 32368/2022 passed by the High Court of Judicature at Patna)
PHOOL CHAND KUMAR Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
(IA No. 187984/2022 – EXEMPTION FROM FILING O.T.)
Date : 17-01-2023 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Brajesh Kumar, AOR
Mr. Saurav Kumar, Adv.
Mr. Arjun Prasad Sinha, Adv.
For Respondent(s)
Mr. Saket Singh, Adv.
Ms. Sangeeta Singh, Adv.
Ms. Sarvshree, Adv.
Mrs. Niranjana Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
Petitioner is accused having committed offences under
Sections 307, 324, 354 and 379 IPC, his claim for regular bail, as he has been in custody since 26.02.2022 – was declined by both the Trial Court as well as the High Court.
It is contended that the investigation has been completed and the charge-sheet has been filed. Learned counsel also highlighted that the nature of injuries is not such as would have constitute an offence under Section 307 IPC. Learned counsel for the respondent-State on the other hand submits that the injuries attributed to the petitioner in this case are serious and all injuries on the victims head.
This Court is of the opinion that since the petitioner has suffered incarceration for almost a year, and the Charge-Sheet too has been filed, this is an appropriate case for grant of bail.
The petitioner is directed to be enlarged on bail on such Terms and conditions as may be imposed by the Trial Court. The impugned order is set aside; the special leave
Petition is disposed of.
All pending applications stand disposed of.
(NEETA SAPRA) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)
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