1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1015 OF 2010 IN CRIMINAL APPEAL NO.99 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM: P.R.BORKAR, J. Date : March 11, 2010 1. Heard Ms. Rashmi Hardas, Advocate, holding for Shri C.R.Deshpande, Advocate for the aplicant-appellant. 2. Notice to Respondent, waived by Shri K.M. Suryawanshi, learned A.P.P. 3. Applicant seeks suspension of substantive sentence pending appeal. The applicant is convicted of the offence punishable under Section 323 read with section 34 of IPC, and under Section 307 of IPC. For offence under Section 323 IPC, applicant is sentenced simple imprisonment till rising of the court and to pay fine of Rs.500/= and for offence under Section 307 IPC, he 2 is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.3000/=. 4. It is argued by learned counsel for the applicant that the conviction under Section 307 IPC would not be justified inasmuch as Bhaidas had died and there was no charge, atleast appearing from the judgment, to show that there was attempt to murder any other living witness. Learned Advocate for the applicant relied upon the case of Kiran Kumar vs. State of M.P. 2002 All MR (Cri.) 473 (S.C.). 5. In the circumstances, application allowed. Execution of substantive sentence of imprisonment is suspended pending appeal on applicant-appellant executing bail bond of Rs.20,000/= with one surety in the like amount. Bail before trial court. Application disposed of. pnd/criap1015.10 (P.R.BORKAR, J.)