MD. IRFAN @ DABLU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The present interlocutory application has been preferred under Sec. 389 of the Code of Criminal Procedure for suspension of sentence, dated 17th February, 2007, awarded by the Sessions Judge, Hazaribagh in Sessions Trial No. 179 of 2004 whereby, the present applicant has been punished for the offence punishable under Ss. 302/34 of the Indian Penal Code.

(2.) Having heard counsel for both the sides and looking to the evidences on record, there are several evidences against the present Appellant . Moreover, there are several eye witnesses, who have given their depositions before the trial court on the basis of which the present Appellant has been convicted. The role played by the present Appellant is vital. Previously also, bail application for suspension of sentence of the present Appellant bearing I.A. No. 1712 of 2009 was rejected on merits by a detailed speaking order dated 26th August, 2009. Paragraph no. 5 thereof reads as under:

(3.) There is no substance in this interlocutory application. Hence, the same is, hereby, dismissed.