IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1227 OF 2008 IN CRIMINAL APPEAL NO.1025 OF 2008 Dadabhau Somaji Shelke .. Applicant V/s. The State of Maharashtra .. Respondents Mr.V.V.Purvant for the Applicant. S.R.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 29th , 2009. P.C. Heard rival submissions for some time. 2. It is the application preferred by the applicant original appellant for suspension of his conviction for the offence punishable under section 306 of Indian Penal Code. 3. During the arguments, it is submitted on behalf of the 1 applicant that there is a likelihood of present applicant removed from his service as police inspector. The allegations against the applicant accused are that he was handling the investigation regarding the death of one woman and during the said investigation, he was interrogating the husband of said deceased women and allegedly assaulted him in order to extract some confession. It happened some where in 20th June, 2000. On the next day said husband of the deceased was allowed to go, but, he could not do any work as he was beaten by the applicant. 4. Thereafter, on 25th June, 2000 he again took the said husband of the deceased to the police station and allegedly tortured him, and also used his service belt in the said act. It is alleged that the applicant had asked the said victim to commit suicide. Due to such assault, the condition of said victim was very serious and leaving him in the said condition, applicant left the police station. Thereafter, said victim went to his home still unable to walk properly. At early hours on 26th June, 2000 he was not found at the house, hence, missing compliant was lodged on 26th June, 2000 and subsequently on 27th June, 2000 the dead body of the victim was found hanging on the tree in the forest. Belatedly, the F.I.R. were lodged with Medha police station where as the applicant was working as P.S.I. Said complaint was lodged on 27th June, 2000 for the offence punishable under section 306 of Indian Penal Code. Applicant was granted 2 anticipatory bail by the Sessions Court. 5 During the investigation, supplementary statements of the complainant were recorded. Matter was committed to the Court of Sessions for the charges under section 306, 342, 330 and 506 of I.P.C. About 12 prosecution witnesses were examined applicant was convicted for the offences punishable under section 306, 342 and 330 of I.P.C. and sentenced to suffer R.I. for 7 years for the offence under section 306 and three years for the offence under section 330 and one year for the offence under section 342 of Indian Penal Code. Said Judgment and order was challenged in the criminal appeal No.1025 of 2008 which has already been admitted and applicant was released on bail. Now by the present application, applicant is asking for suspension of conviction. 6. Considering the events as narrated above, in the opinion of this Court, there is subtle difference between the suspension of sentence and suspension of conviction. Whatever mentioned in section 389 of Criminal Procedure Code is suspension of sentence, and it is true that in the deserving cases and in special circumstances apart from suspending the sentence, a conviction may also be suspended, however, the parameters for allowing such suspension of conviction are required to be fulfill considering the matter at hand before the Court, and while considering the apprehension as to any prospective 3 action by the department against the applicant. 7. In the opinion of this Court, it is not a case in which conviction is to be suspended and hence, there is nothing in the present application and same is accordingly dismissed and disposed of. (A.R. JOSHI, J.) 4