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Judgment
Jitendra Ray Goyal, J.—Heard Learned Counsel for the accused appellants and learned Public Prosecutor for the State on the prayer for suspension of sentence awarded to the accused appellants Sarnam and Jagdish, who have been found guilty for the offence u/s 392 IPC and sentenced to undergo seven years rigorous imprisonment and fine of Rs. 1,000/-, and perused the judgment as well as record of the Court below.
It is contended that they have been falsely implicated in this case and according to the FIR only three persons were involved and thereafter the police has implicated five persons. It is also submitted that nothing has been recovered from the possession of these two accused petitioners Sarnam and Jagdish and they have not been identified by the witnesses in the court. It is also submitted that the alleged robbery is only of edible items and about of rupees five hundred. Reliance has been placed on the judgment Dana Yadav @ Dahu and Others v. State of Bihar, reported in 2003 ACJ 145 (S.C.) : 2003 (l) CCC 706 (S.C.) : 2002 (2) WLC 664, it is further submitted that the accused appellants Sarnam and Jagdish are at present in jail.
Learned Public Prosecutor opposed the prayer for suspension of sentence.
Taking into consideration the entire facts and circumstances, without expressing any opinion on the merits and also keeping in view that final disposal of the appeal would take sufficient time, I think it just and proper to suspend the sentence of imprisonment awarded to the accused appellants Sarnam and Jagdish till disposal of this appeal and to release them on bail.
It is, therefore, ordered that the sentence of imprisonment awarded to the accused appellants Sarnam and Jagdish shall remain suspended during the pendency of this appeal and they be released on bail provided each of them furnishes a personal bond in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the learned trial court for their appearance before, this Court on 18th October, 2006 and whenever called upon to do so.