Full Judgment
Cr.A.No.1339 o”
27. 09.12 Ku Anita Kaithwas, counsel for the appellants.
Smt Nirmala Nayak, GA for the respondent /State.
In compliance of the earlier order, state counsel submits that on verification from the concerning jail it is found that appellants No.1 and 2 are still facing the awarded jail sentence of this case.
Such statement is taken o n record.
Heard on I.A.No.14186/12, a repeat application on behalf of appellants No.1 and 2, namely,Salauddin and Anwar alias Khachhak for suspension of their jail sentence and grant of bail.
Their earlier application in this regard was dismissed as withdrawn vide order dated 2.2.2012.
After holding conviction for the offence under Section 379/34 of the IPC, each of them have been directed to undergo for RI 3 yeaRs.As per record they suffered the judicial custody from the date of arrest 20.11.2009 till passing the impugned judgment on dated 12.5.2011 and since then they are facing the awarded jail sentence.
In such premises they have suffered near about 2 years and 8 months out of the awarded jail sentence.
Having heard, considering the over-all circumstances of the matter so also keeping in view that these appellants have already suffered near about 2 years and 8 months out of the awarded jail sentence of 3 yeaRs.without expressing any opinion on the merits of the matter, the IA is allowed and remaining jail sentence of the appellants is hereby suspended.
It is further directed that on furnishing a personal bond of Rs.20,000/- (Rs.twenty thousand) by appellants with one surety in the like amount each to the satisfaction of the trial Court, appellants No.1 and 2 namely, Salauddin and Anwar alias Khachhak shall be released on bail with a further direction to remain present in the Registry of this Court firstly on 27.11.2012 and on such other dates as fixed by the office in this regard till disposal of this appeal.
C.C.as per rules.
(U.C.Maheshwari) Judge MKL