JUDGMENT 1. 1. Heard the learned counsel for the accused applicant, learned Public Prosecutor and perused the impugned judgment. 2. Learned counsel appearing for the appellant-applicant submits that the cause of death is head injury and that injury has not been assigned to the present applicant. It is also submitted by the counsel for the applicant that Salim Mohammed, co-accused has been released on bail and that the case of the present accused applicant Kalu stands on the same footings. 3. These facts are not controverted by learned Public Prosecutor. 4. Taking into consideration the entire facts and circumstances of the case, but without expressing any opinion on the merits, we are inclined to suspend the sentence of the accused applicant. 5. It is, therefore, ordered that the execution of the sentence awarded to the accused applicant Kalu @ Mumtaj by the trial court shall remain suspended and he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 40,000/- (Rupees forty thousand only) with two sureties in the sum of Rs. 20,000/- each to the satisfaction of the trial court with the stipulation to appear before this Court on 03.02.2003 and as and when called upon to do so during pendency of the above mentioned appeal i before this Court.Sentence Suspended - Bail Allowed Till Pendency of Appeal. *******