NIHAL SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS is an application for suspension of sentence of imprisonment of the appellant during the pendency of the appeal. Learned counsel for the appellant submits that the only role ascribed to the appellant is that of recovery of the lunch box of the deceased. No other role has been ascribed to the appellant. He submits that mere recovery of lunch box itself is not sufficient to convict the appellant with the aid of Section 34 IPC. He also submits that even on the lunch box, the finger prints of the co-accused have been found to be present and not that of the appellant.

(2.) HEARD counsel for the parties. In the facts narrated by the counsel for the appellant, we suspend the sentence of imprisonment of the appellant during the pendency of the appeal on his furnishing a personal bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties in the like amount to the satisfaction of the trial court. The application stands disposed of in terms of the aforesaid order. Appeal allowed.