( 1 ) MR. Bagchi, the learned Advocate for the appellants submitted that against the order of conviction and sentence passed by the learned Assistant Sessions judge, 2nd Court, Contai, the petitioner preferred the appeal before the learned sessions Judge, Purba Medinipur being Criminal Appeal No. 2/07. In the appeal, the petitioners prayed for bail and also suspension of sentence under section 389 (1) of the Cr PC. The learned Sessions Judge admitted the appeal and transferred the appeal also to the Court of the learned Additional Sessions judge at Contai for disposal but rej ected their prayer for suspension of sentence. According to Mr. Bagchi, the sentence under section 306 of IPC was only 4 years which is a term sentence and in view of the decision of the Hon'ble Supreme court in Bhagaban Rama Shinde Gosai vs. State of Gujarat, reported in JT 1999 (4) SC 1. In a matter of such nature the Court may consider suspension of sentence and bail prayer of the appellant during the pendency of the appeal. On the contrary, the learned Advocate for the State drew my attention to several pages of the judgment of the learned Court below and submitted that there are sufficient materials again

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