- (1.) It is not in dispute that the co-accused of applicant Jai Parkash has been released on bail as his sentence has been suspended. The applicant has already undergone more than three years of actual sentence. The sentence awarded to the applicant is seven years rigorous imprisonment for commission of offence under Section 395 read with Section 397 of the Indian Penal Code. It has been pointed out that pistol was not recovered from the applicant. The applicant has been acquitted in all other cases.
(2.) Considering the above facts and circumstances of the case, application is allowed.
(3.) Sentence of the applicant shall remain suspended during pendency of the appeal.;