(1.) THEY are heard on M.Cr.P. No. 2633/2002, a petition for suspension of sentence and grant of bail to appellant Nos. 2 to 5; Sheru @ Sher Singh @ Kheer Singh, Dhannu @ Vijay, Deepak and Vinod who all stand convicted for the alleged commission of murder of one Ramendra.
(2.) SHRI Tiwari, the learned counsel for the appellants, submits that accused persons Girish, Sheru @ Sher Singh @ Kheer Singh, Dhennu @ Vijay and Deepak had also sustained multiple external injuries including incised wounds in the same incident which remained unexplained at the trial. The learned counsel further submits that according to the prosecution case these four appellants caused injuries on deceased Ramendra by means of sharp edged weapon farsa, but the Autopsy Surgeon did not find any incised wound on the body of the deceased which could have been caused by means of a sharp edged weapon farsa. It was further pointed out that these four appellants were on bail during the course of trial and there is no likelihood of this appeal of the year 2002 coming up for hearing in the normal course for the next 10 years as the appeals of the year 1990/1991 are being listed for hearing at present.
(3.) THEREFORE , M.Cr.P No. 2633/2002 is allowed and it is directed that execution of the jail sentences, awarded by the trial Court, shall ramain suspended during the pendency of this appeal and appellant Nos. 2 to 5; Sharu @ Sher Singh @ Kheer Singh, Dhannu @ Vijay, Deepak and Vinod shall be released on bail on each of them furnishing personal bond in the sum of Rs. 10,000/ - (Rs. Ten Thousand Only) with one surety each in the like amount, to the satisfaction of the trial Court for their appearance before this Court as and when directed in that behalf.