SHRAWAN RAM AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present application [I.A. (Cr.) No. 1465 of 20091 has been preferred by applicant Nos. I and 2, namely, Shrawan Ram and Sunder Manjhi, in Cr. Appeal (D.B.) No. 1602 of 2004 under section 389 (1) of the Code of Criminal Procedure for suspending the sentences, awarded by the Trial Court, during pendency of the appeal before this Court.

(2.) Having heard learned Counsel for both the sides and looking to the evidence of the prosecution witnesses and also looking to the fact that the sentences, awarded to the other co-accused, namely, Birbal Manjhi and Yogendra Manjhi [appellant Nos. 1 and 3 respectively in Cr. Appeal (D.B.) No. 1818 of 2004] and Ayodhya Paswan (appellant No. 4 in Cr. Appeal (D.B.) No. 1602], have already been suspended by this Court vide order dated 29th June, 2009 and 13th July, 2009 respectively, and looking to the contents of the first information report as well as the evidence of the informant and also looking to the fact that the present applicants were also on bail, during trial, it appears that there is a prima facie case in favour of the present applicants and, therefore, we hereby suspend the sentences, awarded to the present applicants and the applicants, namely, Shrawan Ram and Sunder Manjhi, are hereby directed to be released on bail, during pendency of this appeal, on furnishing bail bonds of Rs. 10,000.00 (ten thousand) each with two sureties of the like amount each, to the satisfaction of the Trial Court (Additional Sessions Judge, F.T.C.-V, Palamau at Daltonganj) in connection with Sessions Trial No. 38 of 2004, arising out of Panki Police Station Case No. 78 of 2003 (G.R.. No. 1205 of 2003).

(3.) I.A. (Cr.) 1465 of 2009 stands disposed of accordingly. I.A. (Cr.) No. 1469 of 2009