Patna High Court

KHALIFA RAIversusSTATE OF BIHAR

Decided: 11 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The court held that the appellant is entitled to suspension of his sentence and bail pending the appeal due to the inordinate delay in hearing the appeal.

Summary

The appellant, convicted under Section 302 of the Indian Penal Code for stabbing the deceased, filed a criminal appeal in 2008 which had not been heard for about six years. He applied for suspension of his sentence and bail, arguing that the delay violated his right to a speedy trial. The High Court considered the length of custodial delay and the appellant's right to liberty pending the appeal. The Court ordered that his sentence be suspended and granted bail upon furnishing a bail bond of Rs.10,000 with two sureties. The application for interim relief was disposed of, allowing the appellant to remain out of custody while the appeal proceeds.

Issues considered

Whether the appellant is entitled to suspension of sentence and bail pending the disposal of a criminal appeal delayed for six years

Legislation cited

Indian Penal Code — s. 302

Subjects

bail
suspension of sentence
criminal appeal
delay in trial
Section 302 IPC
right to speedy trial

Judgment

        Patna High Court CR. APP (DB) No.998 of 2008 (5) dt.18-04-2014




                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Appeal (DB) No.998 of 2008
                    ======================================================
                    Khalifa Rai, son of Late Adar Roy, resident of Village Saraiya, P.S.
                    Dariyapur, District Saran
                                                                         .... .... Appellant
                                                   Versus
                    The State of Bihar
                                                                        .... .... Respondent
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
                     and
                     HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
                    ORAL ORDER
                    (Per: HONOURABLE MR. JUSTICE V.N. SINHA)

5    18-04-2014                       Re : I.A. No. 578 of 2014

                                      By filing I.A. No. 578 of 2014 sole appellant has applied for

                     suspension of sentence as also to be released on bail on the ground that he has

                     remained in jail custody for about 6 years. Appellant is a convict for the

                     offence under Section 302 of the Penal Code. He is said to have given dagger

                     blow to the deceased in his abdomen. It is submitted on behalf of the

                     appellant that the appeal having been filed in the year 2008 is not likely to be

                     heard within reasonable time.

                                      In the circumstances, let appellant, named above, while

                     suspending his sentence during the pendency of this appeal, be released on

                     bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of Additional Sessions Judge, Fast

                     Track Court-II, Saran in connection with Sessions Trial No. 300 of 1994.

                                      I.A. No. 578 of 2014 is, accordingly, disposed of.




                                                      (V.N. Sinha, J)


    Rajesh/-                                (Rajendra Kumar Mishra, J)

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