Arun Tirkey vs State of Jharkhand

D.N. Patel, J.—The present appeal has already been admitted by this Court vide order dated 06.08.2012. Record and proceedings of Sessions Trial No. 768 of 2009 was called for from the trial Court to appreciate the arguments for the suspension of sentence.

Record and proceedings of Sessions Trial No. 768 of 2009 has already been received by this Court.

We have heard counsels for both the sides and perused the records and proceedings of Sessions Trial No. 766 of 2009. Looking to the evidences given by the prosecution witnesses, there is a prima facie case in favour of the appellant-accused. As the criminal appeal is pending, we are not much analyzing the evidence on record, but suffice it to say that looking to the deposition of PW 16 and also looking to the statement u/s 313 of Cr.P.C. of the appellant and also looking to the other evidences on record, there is prima facie case in favour of the appellant. We, therefore, suspend the sentence awarded to the appellant by the trial Court in S.T. No. 768 of 2009, during the pendency of the present Criminal Appeal, whereby vide order dated 29.06.2012/ 02.07.2012 appellant has been mainly convicted for the offence punishable u/s 302 of the I.P.C. on execution of bail bond of Rs. 10000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the trial Court/Judicial Commissioner-IV, Ranchi In S.T. No. 768 of 2009 and also on condition that he shall be available in this Court as and when his presence is required and also on the condition that he shall not change his residential address without permission of this Court.