MANOJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present application has been preferred under Section 389(1) of the Code of Criminal Procedure for suspension of sentence awarded by the trial court in Sessions Case No. 125 of 2005 whereby the appellant, who is original accused no. 1 is convicted mainly for the offence punishable under Section 304B/34 of the Indian Penal Code for life imprisonment.

(2.) We have perused the records and proceedings of Sessions Case No. 125 of 2005 and heard counsels for both the sides.

(3.) Having heard counsel for both the sides and looking to the evidences on record, there is prima facie case in favour of the present appellant, who is original accused no. 1. As the criminal appeal is pending, we are not much analyzing the evidences on record, but suffice it to say that looking to the evidences on record, there is prima facie case in favour of appellant accused. Therefore, we hereby suspend the sentence awarded to the appellant in Sessions Case No. 125 of 2005, during the pendency of the present Criminal Appeal, on execution of bail bond of Rs. 10000/ (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the 2 trial Court / Principal Sessions Judge, Godda, in Sessions Case No. 125 of 2005 and also on condition that he shall be available in this Court as and when his presence is required and also on the condition that he shall not change his residential address without permission of this Court.