RAKESH KUMAR, J.

Heard Sri Ravindra Kumar, learned counsel for the appellant, Ms. Shashi Bala Verma, learned Addl. Public Prosecutor as well as Sri Rakesh Kumar Singh, learned counsel, who has been assisted by Sri Anil Kumar Tiwary, learned counsel for the informant/respondent no. 2.

2. The present appeal has been listed under the heading “For Orders (On Petitions)” for considering the prayer for suspension of sentence and granting bail during pendency of the appeal, in view of an interlocutory application i.e. I.A. No. 792 of 2018 filed under Section 389(1) of the Cr.P.C. and in terms of the order of the Hon’ble Supreme Court dated 18th January, 2018 passed in Criminal Appeal No. 117 of 2018 {Special Leave Petition (Crl.) No. 9585 of 2016}. Before proceeding, it would be necessary to incorporate certain facts.

3. The appellant was convicted in Sessions Trial No. 425 of 2008 (arising out of Siswan P.S. Case No. 89 of 2007) by learned 1st Additional Sessions Judge, Siwan (hereinafter referred to as the ‘Trial Judge’) for commission of offence under Sections 302/120(B) of the Indian Penal Code, 1860 (for short “I.P.C.”) and Section 27 of the Arms Act, 1959 (for short “Arms Act”) a