Cr. Appeal No.155 of 2008 6.6.2008 Present: Mr. Vinay Thakur , counsel for the appellant. Mr. Ansul Bansal, Addl. Advocate General, for the respondent-State. Cr.MP No.198 of 2008 This is an application under Section 389 Cr.P.C. for suspension of sentence awarded to the petitioner-accused on 7/10.3.2008 by learned Sessions Judge, Kinnaur Division at Rampur Bushahr in Sessions Trial No.39 of 2005 and releasing the petitioner on bail. The respondent has filed the reply and opposed the bail application. Heard and perused the record. The petitioner and seven others were prosecuted under Sections 147, 148, 323, 302, 427 & 506 read with Section 149 IPC in Sessions Trial No.39 of 2005 on the basis of FIR No.92/2005 dated 10.6.2005, registered at Police Station, Rampur Bushahr. The learned Sessions Judge convicted the petitioner Laiq Ram on 7/10.3.2006 for having committed offence under Section 304-II IPC and accused Mohar Singh under Sections 323, 427 IPC, other accused were acquitted. On 10.3.2008 petitioner Laiq Ram was sentenced to rigorous imprisonment for 7 years and to pay a fine of Rs.25,000/- and in default of payment of fine to further undergo simple imprisonment for 6 months. Accused Mohar Singh was also sentenced under Sections 427, 323 IPC. The learned counsel for the petitioner has submitted that appeal of the petitioner has been admitted and there are arguable points in the appeal. He has submitted that PW-2 Kahan Chand has admitted that Mohan Singh, Durga Singh and Jawahar came to him at 6.30/7 PM and told that Narottam Dass had fallen in the field and then he went on the spot and found Narotttam Dass lying there. The learned counsel has also pointed out that PW-5 Mohan Lal son of the deceased Narottam Dass has stated that deceased was brought from the field to the hospital and the field was situated at a distance of 30-35 feet below the road. PW-12 Dr. Bimal Negi conducted the postmortem of the dead body of Narottam along with Dr. Lal Singh and Dr. B.D. Negi. He has stated that, if a person falls from a considerable height on a hard surface, the injuries mentioned in Ex.PW-12/B can be caused. The learned counsel has submitted that as per prosecution case Laiq Ram had quarrel and scuffle with driver Durga Singh. Mohan Lal son of deceased Narottam went to inform his father. Narottam Dass came on the spot to settle the dispute, Liaq Ram gave stick blows on the head of Narottam Dass and other accused present there also gave kick and fist blows to the Narottam Dass and he fell down on the ground. The appeal has been admitted. There are arguable points in the appeal. PW-12 has stated that, if a person falls from a considerable height on a hard surface, the injuries mentioned in post mortem report Ex.PW-12/B of Narottam Dass can be caused. The learned counsel for the petitioner has submitted that petitioner is in custody since around 10.6.2005. The final hearing of the appeal is likely to take some time. The petitioner is already in custody for the last about three years, in these circumstances, the petitioner has made out a case for suspension of sentence and for releasing him on bail. Accordingly, substantive sentence of the petitioner passed by learned Sessions Judge, Kinnaur Division at Rampur Bushahr on 7/10.3.2008 in Sessions Trial No.39 of 2005 is suspended during the pendency of appeal subject to deposit of the fine amount of Rs.25,000/- by the petitioner-accused, if not already deposited and thereafter he be released on bail on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of learned Sessions Judge, Kinnaur Division at Rampur Bushahr with undertaking that in case the appeal is dismissed, then the petitioner-accused will surrender to serve out the sentence imposed. Copy Dasti on usual terms. ( Kuldip Singh) Judge June 6, 2008 (sks)