JUDGMENT Application [M.(Cr) P.N.. 4020/2001] under section 389 (1), CrPC considered. Arguments heard. It is pointed out that in the seizure memos Exs. P-4 and P-5, it is not specifically mentioned that the alleged brown sugar was seized from the trouser. (pant) of the appellant. It is submitted on behalf of the appellant that this case is akin to the decision of the Supreme Court. in Bhola Ram Kushwaha v. State of Madhya. Pradesh ( AIR 2001 SC 229 ). In this case also, the panch witnesses have not supported the prosecution case. The execution of sentence of imprisonment appealed against is suspended and appellant Kalyan is directed to be-released on bail on his furnishing a bail bond of Rs. 20,000/- with two sureties for the like amount to the satisfaction of the trial Court. The .appellant shall appear before the trial Court on 7.5.2002 arid on such further dates as maybe fixed by that Court till the disposal of this appeal. C.C. as per rules.