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Judgment
8 paragraphs · 434 wordsD.N. Patel, J.
I.A. No. 540 of 2007
1) Counsel appearing for the appellant submitted that earlier this I.A. was preferred for suspension of sentence upon which no order has been passed as yet and hence, fresh I.A. No. 1193 of 2012 has already been filed before this Court for the very same prayer. Hence, earlier I.A. No. 540 of 2007 is not pressed at this stage. In view of the submission, I.A. No. 540 of 2007 is disposed of as not pressed at this stage in light of fresh I.A. No. 1193 of 2012.
I.A. No. 540 of 2007 is disposed of.
I.A. No. 1193 of 2012
The present application has been preferred by the appellant under Sections 389(1) of the Code of Criminal Procedure for suspension of sentence awarded by the Addl. Sessions Judge, VIIth, F.T.C., Dhanbad, vide judgment of conviction and order of sentence dated 24th January, 2007, in Session Trial No. 608 of 1994, whereby the present appellant has been mainly punished for the offence punishable u/s 302 of the Indian Penal Code.
Having heard learned counsel for both the sides and looking to the evidences on record, there is a prima facie case in favour of the present appellant. As the criminal appeal is pending, we are not much analyzing the evidence on record, but suffice it to say that the whole case of the prosecution is mainly based upon evidence given by P.W.-7, who is child witness, aged about 5 years as on date of incident. Moreover, it is contented by learned counsel for the appellant that homicidal death has not been proved by the prosecution. We have also perused the records and proceedings of Sessions Trial. Neither the doctor has been examined because there is no post-mortem at all of the dead body of the deceased nor even I.O. has been examined.
Looking to the depositions of other prosecution witnesses, we hereby suspend the sentence awarded by trial court to the present appellant, during the pendency of the present Criminal Appeal, on a condition that he will execute a bail bond of Rs. 10000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the trial Court / Additional Sessions Judge, VIIth, F.T.C., Dhanbad in S.T. No. 608 of 1994 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. I.A. No. 1193 of 2012 is, accordingly, allowed and disposed of.