ORDER :

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

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the appellant that appellants have remained in custody for a period of about seven years. Appellants had sustained 5-7 injuries by sharp weapon. It is also contended that important material which was seized by police was not produced before the Court and the reason assigned by the Malkhana incharge is that they were taken away by a monkey. It is further contended that the case rests on circumstantial evidence and initially in the FIR the allegation was against Bhanu Pratap, however, after 20 days of the incident accused-appellants were falsely implicated.

4. Learned Deputy Govt. Advocate and counsel for complainant have opposed the application for suspension of sentence. It is contended that Sushila has stated that the deceased went with the appellants. It is also contended that in the FSL report blood group was matching. It is further contended that it was the appellants who called the deceased which is also established from the telephonic calls in the CDR.

5. I have considered the contentions.

6. Taking note of the fact that the appellants have sustained as many as 11-13 injuries including 5-7 sharp weapon injuries, that prosecution has not established as to how appellants had sustained injuries, that the story that all the important material which was seized by the police was taken away by a monkey casts doubt on the prosecution version, that no DNA profile was obtained to establish that the deceased was murdered by the present appellants and that appellants have remained in custody for a period of about seven years, disposal of appeal will take time and without commenting on the merits of the case, we deem it proper to allow the suspension of sentence application.

7. Accordingly, the suspension of sentence application is allowed. It is ordered that the sentence awarded to accused appellants in Sessions Case No.03/2015(11/2015) CIS No.09/2015 shall remain suspended if the appellants furnishes a personal bond of Rs.1,00,000/- 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.