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Judgment
D.K. Sinha, J.—The Appellant No. 3-Laldhan Pandit has preferred this petition u/s 389(i) of the Code of Criminal Procedure for suspenion of his sentence during pendency of this appeal. He along with two other Appellants was convicted under Sections 304B/328/34 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a term of 10 years u/s 304B/34 of the Indian Penal Code and further rigorous imprisonment for 7 years for their conviction under Sections 328/34 of the Indian Penal Code. Both the sentences were directed to run concurrently. During pendency of this appeal, the Appellant No. 1 Ganesh Pandit and the Appellant No. 2 Sumitra Devi, who are the parents of the present Appellant were admitted to ad interim bail by the order dated 30.11.2009, however, the prayer for ad interim bail of the Appellant No. 3 Laldhan Pandit was rejected with the liberty to renew his prayer after one year and pursuant to such liberty given he has renewed his prayer before this Court.
Mr. R.S. Mazumdar, learned Sr. Counsel, further submits that this Appellant is in custody since 15.10.2008.
On the other hand, Mr. Hatim, learned A.P.P. appearing on behalf of the State-Respondent opposes on the ground that poisonous substance were found in the viscera of the victim woman, who was the wife of this Appellant and therefore, he does not deserve bail.
I find that similarly situated accused persons with the similar allegation and similar sentence have been admitted to bail by a co-ordinate Bench of this Court during pendency of this appeal and the defence of this Appellant-Laldhan Pandit cannot be distinguished from the defence of the other two Appellants.
In the circumstances, during the pendency of this Cr. Appeal, the Appellant-Laldhan Pandit is directed to be released on executing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of like amount each to the satisfaction of Shri Alok Kumar Dubey, 5th Additional Sessions Judge, F.T.C.-Dumka in Sessions Trial No. 25 of 2009 arising out of Jama P.S. Case No. 99 of 2006, corresponding to G.R. No. 1083 of 2006 with the conditions that the bailers . would be the near relatives of the Petitioner and he would co-operate in disposal of this appeal, failing to which appropriate order shall be passed vacating the ad interim order of his bail.
I.A. No. 202 of 2011 stands disposed of.
Cr. Appeal (S.J.) No. 937 of 2009
Put up this appeal under the heading "For Hearing" according to its age.