JUDGMENT Seven accused persons have been convicted under sections 395 and 397 IPC and duly sentenced of them, 4th accused has filed this appeal and seeks suspension of sentence imposed upon him. The application is opposed by learned Additional Advocate General. There was a dacoity in the house of P.W. 8 on the night of 30.9.1986 by a group of persons who beat P.W. 8 and his wife, P.W. 1 and took away valuable gold ornaments from the house. Within a few hours P.W. 8 went to the police-station and lodged First Information Report on the basis of which a case was registered. Appellant and certain others were arrested on 8.10.1986. T.I.P. was conducted on 13.10.1986, in which P.W. 1, P.W. 8 and their daughter, P.W. 18 identified few accused persons including the appellant. In the Sessions Court these witnesses purported to have identified the accused-appellant and other accused. Sessions Court accepted their evidence as reliable. Learned counsel for the appellant submits as follows:- (i) P.W. 8 and the appellant belong to the same village and they knew each other before the date of occurrence. (ii) FIR statement does riot indicate that P.W. 8 had recognised any of the culprits; even in the case diary statements name of the appellant was not given. (iii) TIP was conducted a month's after the incidents and several days after the arrest. (iv) The eye-witnesses did not explain how they were able to recognise the appellant in the TIP and in the Sessions Court though there is no indication of identify in the FIR statement or in the case diary. Having regard· to the facts and circumstances of the case, we are satisfied that it is a fit case to suspend the sentence imposed upon the appellant. We do so. The appellant shall be released on bail on his execution of a bond for Rs. 20,000/- with two solvent surties in the like amount to the satisfaction of Chief Judicial Magistrate, Bhind. The application is allowed. Appellant shall appear in this Court on 9th of May 1994 and on such other dates as may be fixed in that regard by the office.