1 Cri.Application No.5418 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5418 OF 2010 Suman Shriram Beldar ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr P.S. Dighe, Advocate (appointed) for the applicant; Mr K.G. Patil, A.P.P. for the respondent CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 3rd March, 2011 PER COURT : By this application the applicant, original accused no.3, seeks suspension of the substantive sentence of imprisonment and her enlargement on bail pending the decision of the appeal. 2. The applicant along with the other convicted accused is alleged to have assisted the other accused in committing the murder of one Bhoot Bharti Maharaj. Prosecution has examined P.W.1 Shriram, the complainant, P.W.7 Punjabrao, P.W.9 Ulhas and P.W.10 Prakash as eye- witnesses to the incident. All the eye-witnesses in terms state that the 2 Cri.Application No.5418 of 2010 present applicant had caught the hair of deceased and thereafter the accused had dealt blows of spear on the person of the deceased. The Trial Court obviously has convicted the applicant with the aid of section 34 of the Indian Penal Code. 3. Mr P.S. Dighe, learned Counsel appointed on behalf of the applicant has urged before us that the applicant was on bail during trial and the overt act which is attributed to the present applicant is one of catching the hair of the deceased. According to the learned Counsel for the applicant, ingredients of section 34 of the Indian Penal Code have not been established. In other words, it is urged before us that the prosecution has failed to prove that the present applicant had shared the common intention of accused in committing the murder of deceased Bhoot Bharti Maharaj. The learned A.P.P. has urged for dismissal of the present application. 4. The eye-witnesses, adverted to above, have in terms stated that the applicant had caught the hair of the deceased while the other accused had dealt spear blows to the deceased. The deceased had sustained in all nine injuries, all of which were incised wounds situated on vital parts of the body. The medical opinion, therefore, is that deceased died on account of haemorrhagic shock due to the injuries. Since the witnesses have in terms stated that the deceased had caught the hair and thereafter the accused had dealt blows of spear on the deceased, 3 Cri.Application No.5418 of 2010 we are not inclined to suspend the substantive sentence and enlarge the applicant on bail, though the applicant was on bail during trial. The appeal of the present applicant has been admitted and is directed to be heard along with the appeal of the other accused. 5. In that light of the matter, therefore, we dismiss the present application. However, we direct the Registry to ensure that the paper- book is prepared within four weeks from today and that the appeal is down for hearing upon receipt of the paper-book. Application dismissed with the aforesaid directions. Fees payable to the learned Counsel appointed on behalf of the applicant quantified at Rs.1,000/-. (A.V. POTDAR, J.) ( P.V. HARDAS, J.) amj/criap5418.10