O R D E R
Leave granted. It is stated that the appeal preferred by the appellant-Madan Singh would take time before it is heard and decided. The appellant has already suffered incarceration for over thirteen and a half years.
Learned counsel for the State has expressed apprehension and states that the appellant-Madan Singh is statedly involved in one more case. The details of the said case, however, are not available and the impugned order does not mention the said details. Keeping in view the period of incarceration suffered and the fact that the appeal will take time before it is heard, we are inclined to accept the present appeal and direct that the appellant would be released on suspension of sentence on terms and conditions to be fixed by the trial court. However, we direct the appellant- Madan Singh to furnish one mobile phone number, on which he can be contacted by the Police authorities/Officers, while he is on bail. If the appellant-Madan Singh, on release gets involved in any other criminal case, it will be open to the High Court to recall this
2
order granting suspension of sentence. Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the aforesaid terms. Pending application(s), if any, shall stand disposed of.
..................J.
(SANJIV KHANNA)
..................J.
(M.M. SUNDRESH)
NEW DELHI;
DECEMBER 12, 2022.
3
ITEM NO.48 COURT NO.8 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). 8350/2022 (Arising out of impugned final judgment and order dated 21-06-2022 in CRADB No. 383/2018 passed by the High Court of Judicature at Patna)
MADAN SINGH Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s) Date : 12-12-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Anuj Prakash, Adv. Mr. Niraj Dubey, Adv.
Mr. Anshuman Dwivedi, Adv.
Mr. Namit Saxena, AOR
For Respondent(s) Mr. Shivam Singh, Adv. Mr. Manish Kumar, AOR
UPON hearing the counsel, the Court made the following
O R D E R
Leave granted. Keeping in view the period of incarceration suffered and the fact that the appeal will take time before it is heard, we are inclined to accept the present appeal and direct that the appellant would be released on suspension of sentence on terms and conditions to be fixed by the trial court.
The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) COURT MASTER (NSH)
(Singed order is placed on the file)