Suspension of sentence is warranted when doubts exist regarding identification and evidence, particularly with significant delay in recovery.

ORDER :

Accused-applicants have preferred this application for suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by learned counsel for the applicants that the case against the applicants is that they had made an extra-judicial confession before some Head Constable after sixteen months of the alleged incident. The Head Constable was not produced before the Court. Father of the deceased, who had seen three persons entering into the shop had not identified the accused-applicants in Test Identification Parade. It is also contended that the accused were on bail during trial. It is also contended that the recovery of articles has been made after sixteen months of the incident, which creates doubt on the prosecution case. It is further contended that the recovery of mobile has been disbelieved by the Trial Court. It is further contended that the details of the jewellery articles were not mentioned in the FIR and there was no identification done before the Magistrate with regard to the recovered jewellery.

4. Learned Deputy Government Advocate and learned counsel for the complainant have opposed the suspension of sentence application. It is contended that the recovery of jewellery articles connect the accused with the alleged offence.

5. We have considered the contentions.

6. Taking note of the fact that the applicants were on bail during trial, disposal of appeal is bound to take time and they were identified in Test Identification Parade by the father of the deceased, we deem it proper to allow the application for suspension of sentence.

7. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicants in Sessions Case No.36/2016, shall remain suspended if the accused-applicants furnish a personal bond of Rs. 1,00,000/- each and two sureties of Rs. 50,000/- each to the satisfaction of the learned Trial Court to the effect that they shall appear before this Court as and when called upon to do so.