Patna High Court
DEVENDRA SAH @ DEVENDRA PRASADversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 304B
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
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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
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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
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