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2013 DIGILAW 735 (JHR)

Bablu @ Dabla Pal v. State of Jharkhand

2013-06-24

D.N.PATEL, SHREE CHANDRASHEKHAR

body2013
ORDER Per D.N. Patel, J. 1. The present interlocutory application has been preferred under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded to this appellant who is original accused no.1 in Sessions Trial No. 190 of 2008. 2. This appellant has been punished mainly for the offence under Section 302 of the Indian Penal Code for life imprisonment by Additional Sessions Judge, Fast Track Court -II Daltonganj at Palamau vide order judgment of conviction and order of sentence dated 3rd February, 2010 and 4th February, 2010 respectively. 3. This Court has received the record and proceedings of Sessions Trial No. 190 of 2008 and we have perused the same. 4. We have heard the counsel for both the sides, at length. 5. Having heard the counsel for both the sides and looking to the evidences on record, there is prima facie case in favour of this appellant. Moreover, original accused no. 3 has been acquitted by the Trial Court. Original accused no.2 has preferred criminal appeal no. 266 of 2010 and his sentence was suspended by this Court vide order dated 7th November, 2012 in I.A. No. 1372 of 2012 in Criminal Appeal No. 266 of 2010. Nothing was recovered at the behest of this Appellant. The dead body was also recovered at the behest of one Rupal Singh and there is no other reasonable article has been recovered from the appellant or from the house of this appellant. 6. In view of these evidences on record, we, hereby, suspend the sentence awarded to this appellant namely, Bablu @ Dabla Pal by the Additional Sessions Judge, Fast Track Court -II Daltonganj at Palamau in Sessions Trial No. 190 of 2008 upon execution of bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Fast Track Court -II Daltonganj at Palamau on the condition that the appellant shall be available as and when his presence is required by the Court and also on the condition that he shall not change his residential address without prior permission of this Court. Sentence suspended.