BARUN PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals have been admitted vide order dated 12.12.2013 and the records and proceedings of Sessions Trial No.122 of 2010 as well as Sessions Trial No.129 of 2010 have been called for, for appreciating the arguments for suspension of the sentence under Section 389 of the Cr. P.C.

(2.) Having heard the learned counsel for both the sides and looking to the evidences on records, there is a prima facie case in favour of this appellant in both the criminal appeals. As the criminal appeals are pending, we are not much analyzing the evidence on record, but, suffice it to say that the case of the prosecution is based upon the sole eye witness namely Savitri Kumari, who is prosecutrix and for whom it is alleged by the prosecution that the offence under Section 366A has been committed by this appellant. This eye witness has not been examined by the prosecution, though she is mentioned as prosecution witness in the charge sheet in both the sessions trials. Looking to the other evidences on record also there is prima facie case in favour of this appellantaccused. Hence, we, hereby, suspend the sentence awarded on this appellant in Sessions Trial No.129 of 2010 as well as Sessions Trial No.122 of 2010 awarded by Additional Sessions JudgeI, Sahibganj, vide order dated 5.7.2013 in both the Sessions Trials, upon execution of bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the trial court (Additional Sessions JudgeI, Sahibganj) in connection with both the Sessions Trials i.e. Sessions Trial No.129 of 2010 and Sessions Trial No.122 of 2010 on the condition that, he shall remain present before this Court as and when his presence is required by this Court in any of the Criminal Appeals and he shall not misuse the liberty granted by this Court nor he shall commit another offence of similar nature.

(3.) We had called Shri Upendra Kumar, S/o Sri B.S. Singh, who is Principal of the Police Training Centre at Hazaribgah, who is an I.P.S. officer, mainly for the reason that :