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2005 Supreme(P&H) 487

M.M.AGGARWAL, S.S.NIJJAR
Parshotam Lal – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.Nijjar, J.

1. Earlier this application for bail was accepted by this Court on 14.7.2003. Against the aforesaid order, the complainant filed Crl. A. No. 975 of 2004. The matter has been remanded back to this Court with the following observations :

"Leave granted.

The widow of the deceased has challenged the impugned order of the High Court dated 14.7.2003 passed in Criminal Misc. No. 22866/2003 in Criminal Appeal No. 263-DB of 2003 and Crl. Misc No. 2175/2003 in Criminal Appeal No. 343-DB of 2003. By the impugned order, the High Court has granted bail to the two accused pending decision of the appeals against conviction. The accused had been convicted for offence punishable under Section 302 IPC and other offences in terms of judgment and order of Additional District & Sessions Judge, Amritsar and life imprisonment has been imposed on them. The question of release of the accused on bail and suspension of sentence pending appeal against conviction has to be within the parameters of Section 389 of the Code of Criminal Procedure which inter alia requires the recording of reasons for passing an order suspending the sentence. In the present case, perusal of the impugned order




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