1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1373 OF 2009 IN CRIMINAL APPEAL NO. 1155 OF 2007 Vinayak Sopan Choundary. .. Applicant.. vs. State of Maharashtra. .. Respondent. Mr. Vilas B. Tapkir for the applicant.. Mr. F.R. Shaikh, APP., for the Respondent. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 16TH DECEMBER, 2009 P.C. : Heard. 2. This is an application for suspension of sentence filed by the appellant who has been convicted by the Ad-hoc Additional Sessions Judge in Sessions Case No. 423 of 2005 for having committed murder of 2 one Sugandhabai over the dispute of Bandh. The learned trial Court found that the prosecution has prove the case against the applicant- accused by direct as well as medical and forensic evidence and, therefore, held the applicant-accused guilty of having committed murder of Sugandhabai. 3. The learned counsel appearing for the applicant submitted that the prosecution has failed to establish that it is the applicant- accused who has committed the murder. The applicant-accused has been falsely implicated in the case as there were strained relations between the parties because of land dispute and there is litigation pending over the matter and, therefore, the applicant-accused be released on bail by suspending his substantive sentence. 4. The learned APP submitted that this is a case where the applicant-accused has brutally murdered Sugandhabai who is related to him due to land dispute between the parties. The prosecution has examined the family members of the deceased who were present at the time of the incident. The deceased has suffered in all seven injuries. Further, the stone used for crushing the head of the deceased has also been seized and, therefore, the applicant s application deserves to be ’ rejected. 3 5. We have gone through the evidence on record and particularly the evidence of grand daughter of the deceased by name Vanita Parvin Choudary who is also the complainant and eye witness to the incident in order to prima facie ascertain whether the case of the applicant-accused can be considered for suspension of sentence. We find that this is not a fit case whether the applicant-accused can be released on bail by suspending sentence of imprisonment for life for having committed offence under section 302 of the IPC. Therefore, the application is dismissed. Appeal to be listed for hearing in due course. ( J. N. PATEL, J.) ( A. A. SAYED, J.)