Decided on March 21,2005

Gagan Mukherjee Appellant
State Of C G Respondents


- (1.) M .(Cri.)P. No. 549 of 2005 This is an application under Section 389 of the Cr.P.C. for suspension of sentence and grant of bail in respect of appellant Gagan Mukherjee pending disposal of Criminal Appeal No. 355/2003. Heard Mr. Rajendra Singh Senior Advocate with Mr. Uttam Pandey & Mr. Neeraj Mehta, Advocates for the appellant, and Mr. Ashish Shukla, Govt. Advocate for the State/respondent.
(2.) THE last bail application filed on behalf of Gagan Mukherjee was heard and disposed of on 4-8-2003 by the Court. Mr. Rajendra Singh, learned Senior Advocate for appellant Gagan Mukherjee submits that two material witnesses namely, Husan Aara & Man Khan, though cited as witnesses, were not examined by the prosecution and no explanation whatsoever has been furnished as to why the said witnesses have been withheld and it is a fit case in which the Court should draw the presumption under Section 114 (g) of the Evidence Act that had they been produced and examined, their evidence would have gone against the prosecution. He further submits that there is no possibility of the criminal appeal being heard and disposed of early and the appellant is in custody since 4th June, 2002. Mr. Ashish Shukla, learned Govt. Advocate, on the other hand, submits that the conviction of the aforesaid appellant is justified by the evidence on record. Considering the aforesaid submissions and considering all aspects of the matter, we direct that execution of the jail sentence imposed on appellant Gagan Mukherjee shall remain suspended and he be released on bail pending disposal of Criminal Appeal No. 355/2003, on his furnishing a personal bond in the sum of Rs. 10,000/- with two sureties in the like amount to the satisfaction of the trial Court at Durg. Along with bail bond, the appellant will also furnish his photographs and the details of movable and immovable properties, if any, He will also appear before the trial Court on 25th July, 2005 and keep on appearing before the trial Court on the dates fixed by the trial Court till the disposal of the criminal appeal. Accordingly, M. (Cri.) RNo. 549/2005 stands disposed of. Parties are entitled for certified copy of this order. Bail Granted.;

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