1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISCELLANEOUS APPLICATION(BAIL) No.131 OF 2008 Mr. Sitaram Kande. ... Applicant versus State of Goa through Public Prosecutor. ... Respondent Mr. T. George John, Advocate for the Applicant. Ms. Winnie Coutinho, Public Prosecutor for the Respondent. CORAM : N. A. BRITTO, J. DATE : 16TH JUNE, 2008. P.C.:- Heard Mr. T. George John, learned Counsel on behalf of the Applicant and Ms. Winnie Coutinho, learned Public Prosecutor on behalf of the Respondent. 2. The Applicant's appeal has been admitted by Order dated 28-5-2008. The Applicant has been convicted, inter alia, under Section 304(II) I.P.C. to undergo R.I. for six years and a fine of Rs.25,000/- in default to undergo R.I. for six months. The Accused has also been convicted under Section 323 I.P.C. to pay a fine of Rs.1000/-. The Accused was charged and tried on the allegation that on 2 2-4-2006 the Accused drove truck No. MH-05-2294 with only one head light on and in a rash and negligent manner, in a no entry zone, causing death of three occupants of a Maruti Zen car bearing No.GA-01-R-2883 and injuries to two other occupants, etc. The learned Counsel on behalf of the Applicant has placed reliance on certain observations of this Court in Order dated 29-6-2006 by which the Applicant herein was ordered to be released on bail and has submitted that the crime committed by the Accused could not be termed as heinous. 3. On the other hand, Ms. Winnie Coutinho, learned Public Prosecutor on behalf of the Respondent has placed reliance on the case of Kishori Lal v. Rupa and others(2004 AIR SCW 7409) and has submitted that the mere fact that during the period when the accused persons were on bail during trial there was no misuse of liberties, does not per se warrant suspension of execution of sentence and grant bail. What is really to be considered is whether reasons exist to suspend the execution of sentence and thereafter grant bail. 4. The fact that the Applicant/Accused was on bail certainly is one of the considerations to be taken into account whilst suspending the execution of sentence. The quantum of punishment imposed could be another. 5. Considering the quantum of sentence imposed upon the Accused, in my view, this would be a fit case to admit the Accused to bail pending the hearing and final disposal of the appeal filed by him which has already been admitted. 3 6. Considering the same, the sentence imposed on the Accused is suspended. The Accused shall be admitted to bail and shall be released upon execution of a bond of Rs.10,000/- with two sureties in the like amount to the satisfaction of the learned Additional Sessions Judge, FTC I, Panaji. Authenticated copy of the order be given to the learned Counsel on behalf of the Applicant. N. A. BRITTO, J. RD