Dhirubhai Naranbhai Patel, J. - (1.) THE present interlocutory application has been preferred under Section 389 of the Code of Criminal Procedure for getting suspension of sentence, awarded by the trial Court to the present appellant (original accused No. 3 in the sessions trial), for limited period because of the death of the father of the present appellant. Counsel for the appellant submitted that the son of the present appellant, namely Amit Kumar Singh, has filed an affidavit in this interlocutory application to the effect that the father of the present appellant has expired on 5th February, 2013 and therefore, for few days the order for suspension of sentence may be passed in favour of the present appellant so that he can perform death rituals of his father.
(2.) AS per the earlier order passed by this Court dated 12th February, 2013, learned A.P.P. verified the facts stated in the interlocutory application and submitted that the report of the death of the father of the present appellant is true and correct. The father of the appellant has expired on 5th February, 2013. Having heard counsel for both the sides and looking to the fact that there is a death of the father of the present appellant on 5th February, 2013 and to perform the death rituals of his father, we hereby, suspend the sentence, awarded to the present appellant, namely Ravindra Singh, by the 1st Additional Sessions Judge, Garhwa for the period upto 24th February, 2013 upon execution of a bond of Rs. 10,000/ - (ten thousand) with two sureties of the like amount each, to the satisfaction of the 1st Additional Sessions Judge, Garhwa in connection with Sessions Trial No. 214 of 2007 on the condition that one of the bailers will be his son, namely Amit Kumar Singh, who has filed affidavit in the Interlocutory Application, and also on the condition that the appellant will surrender before the concerned trial Court on 25th February, 2013 between 10.30 a.m. to 11.30 a.m.
(3.) ACCORDINGLY , I.A. is allowed and disposed of. Registry is directed to communicate this order to the concerned trial Court and to the other concerned parties initially through 'FAX'.;