Dhirubhai Naranbhai Patel, J. - (1.) THE present interlocutory application has been preferred under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded to these appellants in Sessions Case No. 06 of 2002 by 7th Addl. Sessions Judge (Fast Track Court No. 4), Godda by an order dated 4th/6th July, 2005 for life imprisonment for an offence under Section 302 of the Indian Penal Code read with Section 34 thereof. We have perused the record and proceedings of the Sessions Case and heard the counsel for both sides at length.
(2.) LOOKING to the evidence on record, especially P.W. 3, who is so -called eye -witness of the incident, and also looking to the evidences given by the P.W. 8 and P.W. 7, there is prima facie evidence in favour of these appellants. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it will be for us to say that P.W. 3 was aged approximately eight years as on date of the incident. Moreover, this P.W. 3, who is servant of the deceased, had not taken the names of these appellants before the police and after several years, he identified these appellants directly in the Court. Moreover, these appellants are in custody more than 8 years. Looking to these evidences on record and the facts and circumstances of the case, we hereby suspend the sentences awarded by 7th Addl. Sessions Judge (Fast Track Court No. 4), Godda against the appellants, named above, in Sessions Case No. 06 of 2002, on a condition that they will execute a bail bond of Rs. 10,000/ - (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the trial Court and also on condition that they shall be available in this Court as and when required and also on the condition that they shall not change their residential addresses without permission of this Court.
(3.) I .A. No. 8336 of 2013 is, accordingly, allowed and disposed of. Registry is directed to send a copy of this order initially by fax and thereafter by registered post to the Court below as well as to the concerned Jail Superintendent.;