Crl.M.C. 5/2009 BEFORE HON’BLE MR JUSTICE B D AGARWAL Heard Shri J M Choudhury, learned senior counsel assisted by Mr A Ganguly, learn ed counsel for the accused appellants. Also heard Shri B S Sinha, learned Additi onal Public Prosecutor for the State of Assam. Also perused the Case Diary. This application U/S 389 (2) CrPC has been filed by the petition ers namely, Sri Subrata Ghosh, Sri Mono Mahanta and Sri Dilip Roy praying for su spension of sentence awarded by the Judgment and Order dated 5.11.2008 passed by the learned Additional District and Sessions Judge (FTC) No. 1, Kamrup, Guwahat i in Sessions Case No. 89 (K)/1994, convicting the appellants U/S 147 IPC and se ntencing them to undergo RI for one year and further convicting them under Secti on 304 Part - II of the IPC to undergo RI for 10 (ten) years. . According to the learned senior counsel, the appellants have bee n convicted basically on the testimony of PW - 2 and the said witness has implic ated one Atul Ao as the principal accused and the said prime witness of the pros ecution has not specifically stated that the present appellants had also taken p art in the assault. In view of the above, the operation of the impugned Judgment and Order, aforesaid, is hereby stayed. The appellants are allowed to go on fresh bail on furnishing bai l bond of Rs. 20,000/- with two sureties of the like amount subject to the satis faction of the CJM, Kamrup .