AYUB MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No.475 of 2012 The present application has been preferred under Sections 389 of the Code of Criminal Procedure for suspension of sentence awarded by the 1st Addl. Sessions Judge, F.T.C. No.1, Jamtara whereby the present applicant, namely Ayub Mian, has been convicted vide order dated 29th November, 2006 by the trial Court in Sessions Case No.56 of 2002 / 33 of 2003 whereby the present applicant, who is original accused No.2 has been punished for the offence mainly under section 302 of the Indian Penal Code. 2) We have both sides at length and it is submitted by the counsel for the applicant that except the present applicant, rest of the accused have been enlarged on bail by different orders. One is in I.A. No.2169 of 2009 dated 16th November, 2009, another is in I.A. No.1327 of 2009 dated 15th July, 2009 and other co accused have been enlarged on bail vide order dated 25 th April, 2007. The present applicant is at similarly situated co accused who have been enlarged on bail.

(2.) LOOKING to the orders and looking to the role played by the present applicant as per the allegations of the prosecution witnesses, we hereby suspend the sentence awarded by the trial Court to the present applicant, namely Ayub Mian, on the following terms and conditions: