ORDER : 1. Heard on I.A. No. 4339/2013, which is second application for suspension of sentence and grant of bail on behalf of appellant Chhotu Khan @ Shakir Khan. 2. First application (I.A. No. 21859/2011) was dismissed on 1-2-2012. 3. Appellant stands convicted under sections 449, 302 (on two counts), 325/34 and section 323/34 of Indian Penal Code and have been sentenced to suffer imprisonment as mentioned in the impugned judgment. 4. The contention of learned counsel for appellants is that in the present case there are two deceased namely Urmilabai and Benibai. Learned counsel further submits that as per case of the prosecution, appellant No. 2 Chhottu assaulted by Baka (sharp edged weapon) to Benibai but neither in the MLC report nor in the post-mortem report any incised wound was seen on the person of Benibai. Learned counsel further submits that the present applicant has not caused any injury to the other deceased Urmilabai. Learned counsel for the appellants submits that since the eye witnesses are saying that the appellant had caused injuries by Baka from the blade side but there is no incised wound. On the contrary, the injuries are lacerated wounds therefore the involvement of appellant becomes highly doubtful. Learned counsel places reliance upon Hallu vs. State of M.P. AIR 1974 SC 1936 , Thaman Kumar vs. State of Union Territory of Chandigarh, (2003) 6 SCC 380 and Kapildeo Mandal and Others vs. State of Bihar, AIR 2008 SC 533 . Hence, it has been prayed that the present appellant be enlarged on bail. 5. Learned Public Prosecutor opposed the bail application and prayed for its rejection. 6. Looking to the totality of the facts and circumstances, but without commenting any view on the merits of the case, this application is allowed. It is hereby directed that execution of remaining jail sentence of the appellant Chhotu Khan @ Shakir Khan shall remain suspended during the pendency of this appeal and they shall be released on bail on their furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 22-1-2014 and thereafter on further dates as may be fixed by the Registry of this Court in that regard. 7. Certified copy as per rules.