ORDER :

1. Leave granted.

2. We have heard learned counsel for the parties.

3. The order impugned in this appeal is one of rejecting the prayer for suspension of sentence/grant of bail during the pendency of the appeal against conviction qua the appellant (Mohan).

4. The role of the appellant mentioned by the prosecution is that the appellant facilitated procurement of SIM card on the request made by accused-Ashok Digitally signed by Jatav. This sim card, it is stated, was allegedly used by accused Ashok Jatav and his colleagues in the commission of offence of kidnapping. Hence, the appellant was a member of the conspiracy to commit the offence of kidnapping.

5. The question would be whether the appellant (Mohan) was a party to the agreement to do or caused to do the illegal act of kidnapping to be a member of the criminal conspiracy. We are aware of the Explanation to Section 120A but in the facts of the present case, the legal effect of the Explanation in the light of the evidence has to be examined. Conspiracy cannot be assumed from a set of unconnected facts or from a set of conduct at different places and times without a reasonable link. Learned counsel for the appellant, in this r