J U D G M E N T

Per Ananda Sen, J. Today this appeal was listed for consideration of bail plea of the appellant after suspending the sentence.

2. Learned counsel appearing for the appellant argued the entire case on merits. He has taken this Court through the First Information Report, in details and also through the evidence of all the 7 (seven) witnesses and also the documents, which have been exhibited. He submits that from the evidence on record and from the materials no case under Section 364 of the Indian Penal Code is made out. He submits that the basic ingredients of Section 364 of the Indian Penal Code, i.e., “kidnapping” or “abduction” is missing in this case. Thus, even if the deceased was murdered later, the offence of Section 364 of the Indian Penal Code cannot be attracted. He submits that the instant Sessions Trial No.377 of 2012 was only under Section 364 of the Indian Penal Code and case under Section 302 has been initiated in the State of West Bengal where the body was found. On this ground, he prays for bail.

3. Learned A.P.P. for the State admits that this trial is only under Section 364 of the Indian Penal Code and the case under Section 302 of the Indian Penal Cod