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2013 DIGILAW 162 (CHH)

KISHOR @ KISHAN v. STATE OF C. G.

2013-06-11

Pritinker Diwaker, Yatindra Singh

body2013
ORDER This order shall dispose of the following interim applications : (i) I.A. No. 01 filed in Cr.A. Nos. 779/2012, 863/2012 and 872/2012. (ii) I.A. No. 02 filed in Cr.A. Nos. 1004/2012 and 1102/2012. These are the applications for suspension of sentence and grant of bail to the appellants. The appellants have been convicted under Section 302/120-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 1,000 plus default stipulation. According to the counsel for the appellants the entire prosecution case is based on circumstantial evidence and the main circumstance against the accused/appellants are their memorandum and recovery of certain articles. Counsel for the appellants have argued that the prosecution has failed to prove that the articles which have been seized by the appellants have been used in commission of the offence and there is no FSL report to this effect. Lastly, it has been argued that the appellants are in jail since 31.8.2010 and the disposal of this appeal may take some more time, therefore the sentence imposed on the accused/appellants may be suspended and they be released on bail during the pendency of this appeal. On the other hand, State counsel opposes the bail application. After hearing counsel for the parties and considering the facts and circumstances of the case, in particular the nature of evidence adduced by the prosecution against the appellants, the fact that there is no FSL report on record, without further commenting on merits we are inclined to release the appellants on bail. Accordingly, the application is allowed. It is directed that the jail sentence imposed upon the appellants are hereby suspended and they are directed to be released on bail on their executing a bond in the sum of Rs. 20,000/- with one surety each in like sum to the satisfaction of the trial Court. The appellants need not give appearance anywhere until and unless otherwise directed. Application Allowed.