Dhirubhai Naranbhai Patel, J. - (1.) THE present appeal has been Admitted vide order dated 02.08.2012. Record and proceedings of Sessions Trial No. 212 of 1999 was called for from the Trial Court so as to appreciate the arguments for suspension of sentence of the appellant.
(2.) RECORD and proceedings of Sessions Trial No. 212 of 1999 has been received by this Court and we have perused the same and heard counsels for both the sides. Having heard counsels for both the sides and looking to the evidences on record, there is, prima facie, case in favour of this appellant -accused. As the Criminal Appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that looking to the deposition of prosecution witnesses P.W. 1, P.W. 2, P.W. 3 and P.W. 4, there is prima facie case in favour of this appellant. In the same offence, there are three more persons involved who were convicted earlier, who filed their Criminal Appeal No. 313 of 1999 and they are Jodhan Mian, Manjoor Mian and Gafoor Mian and in the said appeal this Hon'ble Court has suspended the sentence of all the three accused in Criminal Appeal No. 313 of 1999 vide order dated 12.01.2005 and 05.10.2005. Looking to the evidences on record, we hereby, suspend the sentence awarded to this appellant by the District and Sessions Judge -I, Giridih dated 22.05.2012 and 24.05.2012 in Sessions Trial No. 212 of 1999 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 she shall be available when her presence is required by the Court and also on condition that she shall not change her residential address without prior permission of this Court.;