Decided on August 11,2003

Dewnath Sahu Appellant


K.H.N.KURANGA.J. - (1.)THE appellants have been convicted for the commission of the offence punishable under Section 302 read with Section 34 of the IPC an sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/ - each. in default of payment of fine to further undergo S.I. for six months each. They have challenged the same in this appeal.
(2.)IT is stated in paras 7 and 8 of the application thus: "7. That the appellant No.2 Pargan Sahu is more than 73 years old and unable to look after himself. He is physically so weak to walk easily. cannot see the nearer things and he is a deaf. He is in jail from the date of his arrest Le. 9 -11 -2001. 8. That the appellant No.3 Mandakini Bai is in Jail with her youngest daughter aged 3 years from date of arrest dated 9 -11 -2001. Meanwhile she was released on bail vide order dated 9 -9 -2002 in N. Cr.C. No. 1030/2002. After judgment of learned trial Court. she is in jail from 6 -12003. A photocopy of the Bail order is annexed herewith." Counsel submitted that the appellant No.3 is aged about 33 years and she has got four children one is with her in the jail. He further submitted that this appeal may take sometime for final disposal.
Having regard to the old age of appellant No.2 Pargan Sahu and the fact that appellant No.3 Mandakini Bai is a lady aged about 33 years and she was on bail during trial and she is in jail with her youngest daughter aged about 3 years we are of the opinion that it is a fit case to admit the appellant Nos. 2 and 3 to bail. Accordingly. application (M.(Cr.) P. No. 900/2003) is allowed. Execution of sentences imposed on appellants Pargan Sahu and Mandakini Bai including that of fine shall remain suspended and they are directed to be released on bail on each of them executing a bond in sum of Rs. 5000/with two sureties for the like sum to the satisfaction of the Trial Court for their appearance before the trial Court on 159 -2003. They shall thereafter continue to appear before the Trial Court on all such other subsequent dates as are given to them by the said Court till the disposal of this appeal. In view of this order LA. No. 717/ 2003 stands disposed of. parties are entitled for the certified copy of the order. Application allowed.

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