JUDGMENT : AJIT SINGH, J. 1. Heard on I.A. (Crl.) No. 446/2016, which is an application for bail and suspension of sentence on behalf of applicants—(1) Sher Ali and (2) Md. Sahajamal Sheikh. 2. Both these applicants have been convicted under Section 302/149 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs. 5,000/- with default stipulation. 3. The case of prosecution is that on 27.11.97 around 6.30 a.m. the applicants along with co-accused persons armed with deadly weapon forcefully entered the land of Naushad Ali and made a murderous assault on him. Naushad Ali was carried to the hospital where he succumbed to his injuries. 4. The Trial Court essentially relying upon the evidence of PW-5 Nurul Haque, PW-6 Anowar Ali and PW-7 Rabiya Bibi, convicted the applicants and co-accused persons. 5. PW-6 Anowar Ali is son-in-law of Naushad Ali whereas PW-7 Rabiya Bibi is his wife. Rabiya Bibi in her evidence out of the two applicants has not alleged anything against Sher Ali. According to her evidence, it was Md. Sahajamal Sheikh who had caused fatal injuries to Naushad. Although PW-6 Anowar Ali in his evidence has alleged that both the applicants had assaulted Naushad, he in his earlier police case diary statement did not attribute any role against Sher Ali. PW-5 Nurul Haque during investigation stated that he had reached the spot after hearing hue and cry and found Naushad lying on the ground. His this statement reveals that he was not an eye witness to the incident. 6. We, therefore, having regard to the evidence of PW-6 Anowar Ali and PW-7 Rabiya Bibi, reject the prayer for bail of applicant no. 2 - Md. Sahajamal Sheikh. 7. We, however, direct that if applicant no. 1 - Sher Ali furnishes a solvent surety in the sum of Rs.20,000/- and executes a personal bond in the like amount to the satisfaction of the Sessions Judge, the execution of sentence passed against him shall remain suspended and he shall be released on bail. 8. The application is partly allowed.