On reappreciation of evidence, it is revealed that on 06.03.2013, evening, accused Hanif Ali had hired the Bolero vehicle No. AS01BC4433 of which the deceased Hafizur Rahman was the driver for 2 (two) days, to travel to Hajoi, Lanka, but the applicants and another had taken over the vehicle. The vehicle along with the deceased driver remained untraced and after 5-6 days, the deadbody of Hafizur was found by police, on being led by Afzal, near Barapani, Meghalaya and the vehicle was sold out in Nagaland. Both the applicants and another travelled in the vehicle towards Shillong instead of Hojai, Lanka. The vehicle in question could not be recovered. The autopsy surgeon found, interalia, continuous ligature mark around the upper part of the neck of the deceased. Thus, having found prima facie incriminating material against the applicants, we do not find it appropriate to suspend the sentence and to release the applicants on bail, more particularly when the appeal is ready for hearing in near future. On due consideration, we are of the view that the case of Khabir Ali stands on a different footing.
