While seeking suspension of sentence of the petitioner, learned counsel contends that two co- accused of the petitioner have already been acquitted in this case who were accused of abetment; that only aerial firing is attributed to the petitioner; that one accused was awarded sentence of death while petitioner has been awarded imprisonment for life; that no recovery has been affected from him and that it is a fit case for suspension of sentence of the petitioner and for his consequent release on bail till the final disposal of the appeal filed by him.
2. On the other hand, the-learned DPG while opposing this petition contends that the occurrence in this case took place on 19.10.2005, petitioner remained absconder till his arrest alongwith his co- accused on 9.11.2006.
3. We have heard learned counsel for the parties. Although petitioner remained fugitive from law for one year but he faced trial and was ultimately convicted on 17.7.2008 and since the day of his arrest in 2006 he is behind the bars. Only aerial firing is attributed to him and he is behind the bars for the last about three years. In the given circumstances of the case, this petition is accepted and the sentence of the petitioner is suspended subject to his furnishing bail bonds in the sum of Rs, one lac with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. However, the petitioner shall remain in attendance on each and every date of hearing till the final disposal of the main appeal.