Shivkant Prasad, J. - (1.) The cause title as printed in the list showing C.A.N. 2772 of 2020 and C.A.N. 2773 of 2020 be read as C.R.A.N. 2772 of 2020 and C.R.A.N. 2773 of 2020. In Re : CRAN 2772 of 2020
(2.) This is an application under Section 389 of the Code of Criminal Procedure wherein the appellant in jail has sought to be released on bail on any stringent terms and conditions upon suspending the sentence in the light of the averments and the ground made out in the memo of appeal. It is submitted that the learned judge has failed to consider the statement under Section 161 of the Code of Criminal Procedure of P.W. 9 whose statement was not recorded by P.Ws. 11 and 12 and as such it can safely be presumed that the P.W. 9 deposed for the first time before the trial Court. So his testimony cannot be relied upon to record order of conviction. It is further submitted that the appellants been suffering a detention of more than four years out of a term imprisonment of seven years.
(3.) I have heard the learned advocate for the appellants. It is reflected from the judgement that the appellants have been convicted for the offence punishable under Sections 509/307/ 34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5000/- each for the offence punishable under section 307 of the Indian Penal Code in default to suffer simple imprisonment for a further period of six months. The convicts were also sentenced to simple imprisonment for one year and to pay a fine of Rs.2000/- each in default to suffer simple imprisonment for a period of further two months for the offence punishable under section 509 of the Indian Penal Code and both the sentence were directed to run concurrently.;