Supreme Court of India

MAHESH SAO VS. THE STATE OF BIHAR on 27 October 2026

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ITEM NO.46 COURT NO.14 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). 16577/2026

[Arising out of impugned final judgment and order dated 04-05-2016

in CRADB No.178/2015 passed by the High Court of Judicature at Patna]

MAHESH SAO PETITIONER(S)

VERSUS

THE STATE OF BIHAR RESPONDENT(S)

(IA No. 37250/2026 - EXEMPTION FROM FILING O.T.

IA No. 215333/2026 - EXEMPTION FROM FILING O.T.

IA No. 37253/2026 - PERMISSION TO FILE ADDITIONAL

DOCUMENTS/FACTS/ANNEXURES

IA No. 37251/2026 - PERMISSION TO FILE LENGTHY LIST OF DATES)

Date : 27-10-2026 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

For Petitioner(s) :Dr. Nirmal Chopra- 1563, AOR

Mr. Praveen Kumar, Adv.

Mr. Sunny, Adv.

For Respondent(s) : Mr. Ashwarya Sinha, AAG

Ms. Srishti Mishra-3929, AOR

Mr. Aditya Malhotra, Adv.

Mr. Sankalp Mahindru, Adv.

Mr. Samir Ali Khan- 1657, AOR

UPON hearing the counsel the Court made the following

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O R D E R

1. This Court issued notice in the matter on 01.09.2026, and the respondent-State of Bihar has already been served. In the present case, the petitioner has been convicted of

Digitally signed by JAGDISH KUMAR Date: 2026.10.28 13:02:51 IST

Reason:

Signature Not Verified the offence punishable under Section 304-B of the Indian Penal Code, 1860, and sentenced to life imprisonment in connection with FIR No. 3/2009 dated 08.01.2009, registered at Police Station Guraru.

2. Mr. Praveen Kumar, learned counsel for the petitioner has brought to the notice of this Court that the petitioner has undergone 17 years 1 month of sentence as per the custody certificate and there is every possibility of his acquittal. On the other hand, learned counsel for the respondent-State of Bihar has vehemently opposed the prayer for suspension of sentence.

3. This Court after hearing learned counsel for the parties, after going through the records and also keeping view of period of incarceration is of the opinion that the application for suspension of sentence deserves to be allowed and it is allowed accordingly.

4. The petitioner shall be released on bail during the pendency of the special leave petition, subject to such terms and conditions as may be imposed by the Trial Court.

5. Counter affidavit be filed within a period of four weeks.

6. Let original records of the High Court and Trial Court be requisitioned.

7. List the matter after four weeks. (JAGDISH KUMAR) (KOMAL) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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