Created by Fuzzy Cloud

Patna High Court

DEVENDRA SAH @ DEVENDRA PRASADversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The interlocutory application is allowed; the sentence is suspended and bail is granted pending the appeal.

Summary

The appellant, Devendra Sah, appealed a conviction under IPC section 304B and section 4 of the Dowry Prohibition Act, for which he was sentenced to ten years' imprisonment and a fine. He filed an interlocutory application seeking suspension of the sentence and release on bail pending the appeal. The appellant's counsel highlighted that he had already served five and a half years and had no prior criminal record. The State opposed the application. The High Court, considering the appellant's circumstances, allowed the interlocutory application, suspending the substantive sentence and directing his release on a bail bond of Rs.10,000 with two sureties, and stayed recovery of the fine pending the appeal. The order also required the appellant to cooperate with the court in the disposal of the appeal.

Issues considered

  • Whether the sentence imposed on the appellant should be suspended pending the appeal.
  • Whether bail should be granted to the appellant during the pendency of the appeal.

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • appeal
  • dowry death
  • IPC 304B
  • Dowry Prohibition Act
  • interlocutory application
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.4258 of 2021
                        Arising Out of PS. Case No.-7 Year-2014 Thana- MAHILA P.S. District- Rohtas
                  ======================================================
                  Devendra Sah @ Devendra Prasad Son Of Late Gopal Prasad Resident Of
                  Village- Daranager, P.S. Nauhatta, District- Rohtas

                                                                                     ... ... Appellant/s
                                                         Versus
                  The State of Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s      :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                   Mr.Rajani Kant Singh, Advocate
                  For the State            :       Mr.Zeyaul Hoda, APP
                  For the Informant        :       Mr. Basant Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

11   20-01-2026                  Re.: Interlocutory Application No. 01 of 2024

                                 Heard learned Senior Counsel for the appellant;

                    learned APP for the State and learned counsel for the informant.

                                 2. The appeal has been filed on behalf of the appellant

                    challenging the judgment of conviction dated 27.08.2021 and

                    order of sentence dated 31.08.2021 passed learned 2nd

                    Additional Sessions Judge cum Special Judge Excise, Rohtas at

                    Sasaram in S. Tr. No.32 of 2015/Reg. No.32/2015 arising out of

                    Dehri Mahila P.S. Case no.07 of 2014 whereby the trial Court

                    for the offence under section 304B I.P.C. and section 4 of the

                    D.P. Act has convicted the appellant and imposed a sentence of

                    10 years of imprisonment for the offence under section

                    304B.I.PC. and six month and fine of Rs.5000/- for the offence
Patna High Court CR. APP (SJ) No.4258 of 2021(11) dt.20-01-2026
                                             2/3




          under section 4 of Dowry Prohibition Act and in default of

          payment of fine, the appellant shall also undergo simple

          imprisonment for two months.

                       3. The present application bearing Interlocutory

          Application No. 1 of 2024 is filed for suspension of sentence

          and for releasing the applicant/appellant on bail during the

          pendency of the appeal filed by him.

                       4. Learned counsel for the appellant has submitted

          that the appellant has already undergone about five and half

          years of sentence. The appellant has clean antecedent expect for

          the present case.

                       5. The learned APP appearing for the State has

          opposed this interlocutory application.

                       6. Considering the submission of learned counsel for

          the appellant, the interlocutory application No.01 of 2024 is

          allowed. Accordingly, the substantive sentence of imprisonment

          imposed on the appellant is suspended and he is directed to be

          released on bail on executing P.R. bond of Rs. 10,000/- (Rupees

          Ten Thousand only) and on furnishing two sureties of the like

          amount to the satisfaction of learned 2nd Additional Sessions

          Judge-cum-Special Judge, Excise Court, Rohtas at Sasaram in

          connection with Sessions Trial No. 32 of 2015 arising out of
           Patna High Court CR. APP (SJ) No.4258 of 2021(11) dt.20-01-2026
                                                        3/3




                     Dehri Mahila P.S. Case No. 7 of 2014, till the disposal of this

                     appeal.

                                  7. As a condition of this order, the applicant should

                     co-operate with this Court in disposal of the appeal. Till disposal

                     of the appeal, recovery of fine imposed on the applicant is kept

                     in abeyance if not already paid.

                                  8. The Interlocutory Application No. 01 of 2024

                     stands allowed.


                                                                         (Sandeep Kumar, J)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.