SURESH ALIAS BONA Vs. STATE

JUDGEMENT

(1.) This is an application by the appellant/applicant under Section 389 of Criminal Procedure Code seeking suspension of his sentence and to release him on bail during the pendency of the appeal.

(2.) The appellant has been convicted with imprisonment for life and a fine of Rs. 15,000/- for the offence punishable under Section 302/34 of IPC and in default of payment of fine to undergo further rigorous imprisonment for six months by order of conviction dated 30th January, 2010 and sentenced by the order dated 6th February, 2010 in a case arising out of FIR 337/2007 PS Nabi Karim under Section 302/34 of IPC. The applicant has contended in para-7 of the application that he was never involved in any other criminal or related cases. According to the applicant his family comprises of his wife and four minor children and applicant is the only bread earner in the family and he was earning Rs.2500/- per month as a labourer in a shop. He is alleged to have come from a poor segment of society and he is unable to furnish a local surety of minimum amount if bail is granted to him. It is also contended that he was never on bail and he has never jumped bail and has never been declared a proclaimed offender. The applicant has contended that he has already undergone incarceration for the last three years and he has good chance of acquittal as the order convicting him is based on surmises and conjectures and the prosecution has failed to prove its case beyond reasonable doubt.

(3.) For seeking suspension of sentence, the applicant has asserted that the testimony of PW-4 Laxman Indoriya lacks credibility and consistency as when he saw the applicant attacking the deceased, instead of trying to rescue the victim or calling police, he proceeded to Railway Station and did not make any effort to call the police which is highly improbable and the conduct of such a witness is doubtful and could not be relied on for his conviction. The testimony of PW-4 is also challenged on the ground that though he has stated that he is not related to the accused, PW-4 is related as Laxman Indoria PW-4 and Mr. Vikas @ Sunil, another co-accused are cousins as their grandmother was Smt. Hardai as testified by DW-1 and the relations between the two branches of the family were not cordial and PW-4 has been extorting money and blackmailing the people. The applicant has also referred to the inconsistencies and glaring discrepancies in the statement of PW-4 which according to the applicant has not been taken into consideration. The Nominal Roll dated 28th August, 2010 of the applicant reveals that as on that date he has undergone a sentence of 2 years 11 months and six days and has earned remission for two months and nine days.