- (1.) HEARD on admission. The Appeal is admitted for hearing. Also heard on M.Cr.P.No.371/2005, which is an application for suspension of sentence and grant of bail. The appellant has been convicted for the offence punishable under section 201 of the I.P.C and sentenced to undergo R.I. for 7 years and to pay fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for 6 months.
(2.) LEARNED counsel for the appellant submits that allegations against the appellant are that some articles belonging to the deceased kept in a suitcase, were seized from the possession of the appellant. He further submits that the appellant is in close relation of accused No. 2 namely- Nandu. He also submits that no offence under Section 201 of the I.P.C. is made out against the appellant as the prosecution could not establish that the appellant was knowing or having any reason to believe that the aforesaid articles, are in any manner related to the deceased. Learned counsel for the appellant submits that in fact there is no evidence of causing disappearance of any evidence by the appellant. On the other hand learned State Counsel opposes the bail application considering the facts and circumstances of the case, particularly considering the fact that the offence under Section 201 of the I.P.C. has been held to be proved against the appellant and sentence of 7 years has been awarded to him and also considering the fact that the appellant was on bail during trial, I am of the opinion that it is a fit case in which the jail sentence awarded the appellant should be suspended.
(3.) ACCORDINGLY , the application is allowed. The jail sentence awarded to the appellant is suspended and he is directed to be released on bail during the pendency of this appeal, provided the appellant furnishes a personal bond in sum of Rs. 10,000/- with two sureties in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 1st August, 2005. After the said date, the Registry will give a new date to the appellant for his appearance before the trial Court. He shall thereafter continue to appear before the trial Court on all such subsequent dates as are given to him by the trial Court till the disposal of this appeal. Accordingly, M.Cr.R No.371/2005 and stands disposed of. Application Allowed.;