LML LTD Vs. GROVER LEASING LTD

JUDGEMENT

(1.) This application is for suspension of sentence and grant of bail under Section 389 Cr.P.C moved on behalf of the appellants No.1,2, 3 and 5. The appellants were convicted on 16th March, 2007 and were sentenced on 24th March, 2007 under Sections 342, 323, 307 read with Section 34 IPC . The appellants, in a planned manner, called the victim Om Prakash to their house and after calling him, he was given beatings and his private organ (penis) was cut off by the appellants after taking him to the roof. He was left there to die in a pool of blood, however injured survived but became impotent.

(2.) The appellants are in judicial custody for hardly few months. A perusal of the impugned judgment would show that the witnesses had fully supported the prosecution case. The victim has appeared in the witness box and testified against the appellants describing role of each of the appellant. Although it would not be appropriate to re-appreciate the evidence at this stage but suffice it to say that the judgment of the trial court is based on the evidence produced before it. It is not a case where there was lack of evidence or insufficient evidence.

(3.) Considering the heinousness of the crime committed by the appellants, I think it is not appropriate to suspend the sentence of the appellants and grant them bail at this stage. The application is hereby dismissed.