Dhirubhai Naranbhai Patel, J. - (1.) THE present appeal has been admitted vide order dated 11th February, 2013. Record and proceedings of Sessions Trial No. 391 of 2005 and Sessions Trial No. 538 of 2005 were called for from the Trial Court (Learned 2nd Additional Sessions Judge, Hazaribagh) so as to appreciate the arguments for suspension of sentence of the appellant.
(2.) RECORD and proceedings of Sessions Trial No. 391 of 2005 and Sessions Trial No. 538 of 2005 have been received by this Court and we have perused the same and heard counsel for both the sides. Having heard counsel for both the sides and looking to the evidences on record, there is, prima facie, case in favour of this appellant (who is original accused No. 8 in the Sessions Trial). As the Criminal Appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that looking to the depositions of P.W. 5, P.W. 7 and P.W. 9, who are star witnesses of the prosecution, there is prima -facie case against this appellant -accused especially looking to their cross -examination, because of pendency of criminal Appeal detailed reasons we are not granting, but there is no identification of the accused in Test Identification Parade and even otherwise also looking to further cross -examination this appellant was known to the witnesses and therefore, also the whole case is doubtful. It is also stated in their deposition that the accused persons came without any mask on their face. Original accused No. 1 who is Lakheswar Mahto, original accused No. 4 who is Santosh Mahto, original accused No. 9 who is Suresh Ghanshi and original accused No. 10 who is Biru Mahto have already been enlarged on bail by suspension of sentence arising out of the very same Sessions Trial in Criminal Appeal No. 400 of 2012, Criminal Appeal No. 448 of 2012, Criminal Appeal No. 587 of 2012 and Criminal Appeal No. 591 of 2012 respectively. The learned counsel for the appellant has submitted that this appellant is convicted in Sessions Trial No. 391 of 2005. In the light of these evidences on record we hereby, suspend the sentence awarded to this appellant -accused by the learned 2nd Additional Sessions Judge, Hazaribagh dated 29.2.2012 in Sessions Trial No. 391 of 2005 on condition of execution bond of sum of Rs. 10,000/ - (Rupees ten thousand) and two sureties of the like amount each, to the satisfaction of the Trial Court and also on condition that he shall be available when his presence is required by the Court and also on condition that he shall not change his residential address without prior permission of this Court.;