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Cr. A.No.1477 of 2006
Purshottam & Narbada Prasad State of M.P. & othrs.
07.02.2011
Shri A.K. Jain, Counsel for the appellants.
Shri Samdarshi Tiwari, G.A. for the respondents.
I.A.21338/10 : For suspension of sentence and
release on bail of the appellant Narbada Prasad s/o
Rewaram Kirar.
This is third application on behalf of the appellant
Narbada for suspension of sentence and release on bail.
It is stated by the learned counsel for the appellant that
the case of the appellant is at par with the co-accused
Guddu @ Harish Chandra who has already been
enlarged on bail by this Court in Cr. A. No.1604/06 dated
12.3.2008. It is further submitted by Shri Jain that in
the dying declaration, deceased Pooranlal has not
stated the name of the present appellant Narbada and
even in the F.I.R., no act has been attributed to the
appellant. The appellant is in custody since last four
years and eleven months and on the principle of parity,
he be also released on bail.
Though the prayer made by the appellant is
opposed by Shri Tiwari but considering the fact that co-
accused/appellant Guddu @ Harish Chandra has been
enlarged on bail by this Court in Cr.A.No.1604/06 on
12.3.2008, in the dying declaration, deceased Pooranlal
has not stated anything about this appellant and in the
FIR also nothing has been attributed specifically against
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Cr. A.No.1477 of 2006
Purshottam & Narbada Prasad State of M.P. & othrs.
07.02.2011
the appellant Narbada son of Rewaram Kirar, we find it
appropriate to allow this application and accordingly
direct that the sentence of the appellant Narbada son of
Rewaram Kirar shall remain suspended and appellant be
released on bail on the following conditions:-
1. The appellant to furnish two solvent sureties of
Rs.20,000/- each to the satisfaction of the trial
Court and a personal bond for the like amount.
2. On furnishing aforesaid, the trial Court shall
release the appellant on bail till further orders.
3. Appellant shall cause his appearance before the
trial Court as and when directed by the trial Court
in this regard and shall cause appearance before
this Court as per the directions of this Court.
Learned counsel for the appellant shall file his
undertaking that he shall cause appearance and argue
the matter as and when the case is listed for final
hearing.
I.A. is disposed of.
C.C. as per rules.
(Krishn Kumar Lahoti) (Smt. Sushma Shrivastava)
JUDGE JUDGE
vj