1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 64 /2009 IN Criminal Appeal No. 433/2009 [Salim Shah Majid Shah vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr Firdos Mirza, Adv.for applicant Mr C N Adgokar,APP for Respondent-State .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 8, 2010. Heard submissions at the Bar. 2. By this application, the applicant prays for suspension of sentence of imprisonment which was for a period of 10 years. According to the evidence, the applicant has carried a weapon, stick and had allegedly hit the injured on back portion of his head; while the injured had received many incised wounds caused by sharp edged weapons, which were allegedly caused by co- accused. Under these circumstances, it is contended on behalf of the applicant that the applicant is hopeful of his acquittal in the case and if substantive sentence of imprisonment is not suspended, his appeal may become infructuous. 3. Learned APP objected on the ground that the applicant was convicted for offence punishable under 2 section 307 IPC. Be that as it may; since the impugned judgment also mentions that the applicant was armed with weapon stick and he had hit injured Sk.Azim on the back portion of his head while co-accused armed with knife had inflicted many injuries which were in all 14 in number, which are described as incised wounds caused by sharp edged weapons, I am inclined to allow the application. The substantive sentence of imprisonment as against the present applicant shall remain suspended pending hearing and final disposal of the Appeal. The applicant was on bail during pendency of the sessions case. He shall be released upon executing PR bond in the sum of R. 25,000/- with one or more sureties in the equal amount, to the satisfaction of the trial court, pending hearing and final disposal of this appeal. Application stands disposed of. Cri.Appeal No. 433/2009 Admit. Call R & P. JUDGE sahare