UMA NATH SINGH - (1.) LEARNED Counsel for appellant submitted that though a co-ordinate Bench while dealing with the application for sus­pension of sentence on behalf of a co-accused, namely, Shree Pal Kurmi, has ob­served that his case is distinguishable from the case of other accused-appellants includ­ing accused-appellant herein, but it ap­pears that the Bench has made a general observation.
(2.) LEARNED Counsel also submitted that the case of present accused-appellant Karuna Shankar Tewari, is on the same footing as that of co-accused Shree Pal Kurmi. The accused-appellant has re­mained in jail for over three years, only on the basis of an incriminating circumstance that he was a regular visitor to co-accused Smt. Beby, wife of the deceased. The entire prosecution case is based on circumstantial evidence and the disposal of this appeal is likely to take some time. However, learned Counsel is not in a position to inform the Court as to whether Smt. Beby has been granted suspension of sentence. Learned Counsel for accused-appellant Karuna Shankar Tewari, also submitted that he had been admitted to bail during trial by this Court but before he could be actually released, the impugned judgment was pronounced, therefore, he remained confined in jail. Learned State Counsel, on the other hand, highlighted the background leading to commission of the offence in as much as the entire family of deceased was under the influence of the accused, who not only supplied liquor to the deceased regularly and thus, exploited the weakness but also paid money to his wife co-accused, Smt. Beby and children.
(3.) ON due consideration of rival submissions and perusal of the record, without expressing any opinion on merits, we allow the prayer for suspension of jail sentence and stay of recovery of fine qua accused-appellant Karuna Shankar Tewari. Thus, the jail sentence and recovery of fine as imposed upon the accused-appellant, Karuna Shankar Tewari, son of Ram Shankar Tewari, resident of Taudhakpura, P.S. Bihar, Distt. Unnao, shall remain sus­pended during the pendency of appeal, and he shall be released on bail subject to the condition that the accused-appellant shall report to Police Station, Bihar, Unnao, at 8:00 p.m. everyday and also subject to furnishing bail bonds to the satisfaction of learned District Judge, Unnao. Bail Granted.;