(1.) THE Appellant No. 3 -Laldhan Pandit has preferred this petition under Section 389(i) of the Code of Criminal Procedure for suspension of his sentence during pendency of this appeal. He along with two other Appellants was convicted under Sections 304B/328/34 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a term of 10 years under Section 304B/34 of the Indian Penal Code and further rigorous imprisonment for 7 years for their conviction under Sections 328/34 of the Indian Penal Code. Both the sentences were directed to run concurrently. During pendency of this appeal, the Appellant No. 1 Ganesh Pandit and the Appellant No. 2 Sumitra Devi, who are the parents of the present Appellant were admitted to ad interim bail by the order dated 30.11.2009, however, the prayer for ad interim bail of the Appellant No. 3 Laldhan Pandit was rejected with the liberty to renew his prayer after one year and pursuant to such liberty given he has renewed his prayer before this Court.
(2.) MR . R.S. Mazumdar, learned Sr. Counsel, further submits that this Appellant is in custody since 15.10.2008.
(3.) I find that similarly situated accused persons with the similar allegation and similar sentence have been admitted to bail by a co -ordinate Bench of this Court during pendency of this appeal and the defence of this Appellant -Laldhan Pandit cannot be distinguished from the defence of the other two Appellants.