Ajit Singh; CJ.:-- Mr. MH Rajborbhuiya, learned counsel for the applicants. Mr. K Konwar, learned Additional Public Prosecutor, Assam for respondent No. 1. Heard on I.A. (Crl.) 438/2016 which is an application for bail and suspension of sentence on behalf of applicants—Fakrul Islam Barbhuiya @ Fakrul Islam and Amrul Islam Barbhuiya @ Amrul Islam. According to the prosecution case, the present applicants along with co-appellants in furtherance of their common object after forming an unlawful assembly committed the murder of Motibur Rahman and caused injuries to Gias Uddin Barbhuiya (PW-6) and Jahanara Begum (PW-7). The incident took place on 20.10.2004 around 4 AM. At that time, Motibur Rahman was ploughing the land over which the applicants and co-appellants claimed possession. As per post mortem examination report, Motibur Rahman had sustained only one injury on his neck and he died due to that injury. Both the injured witnesses Gias Uddin Barbhuiya (PW-6) and Jahanara Begum (PW-7) have deposed that injury on the neck was caused by Amrul Islam Barbhuiya @ Amrul Islam with a spear. Prayer for bail of Amrul is, therefore, rejected. As regards Fakrul Islam Barbhuiya @ Fakrul Islam, we direct that if he furnishes a bail bond of Rs.35,000/- with one solvent surety in the like amount to the satisfaction of the Trial Court, the execution of sentence passed against him shall remain suspended and he shall be released on bail. The application is partly allowed.