1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appeal No. 489 of 2010 Shankar Haribhau Malwande ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Khamgaon City, Dist. Buldhana Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N.A.Badar, Advocate for the applicant. Mrs. A.R.Taywade, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 04 th Octo ber , 2010 . Heard. Admit. Call for R & P. Criminal Application (APPA) No. 714 of 2010. Heard. This application has been filed by the applicant/accused for suspension of sentence and grant of bail. The appellant has been convicted for the offence punishable under section 304 Part II of Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs.500 in default to undergo R.I. for three month. Learned Advocate Mr. Badar for the applicant submits that the incident in question occurred in the heat of passion and there was no intention to commit an offence. Learned Advocate has invited my attention to the observations made by the learned trial Judge in paragraph 30 of the judgment, which reads thus - “Accused is found guilty for the offence punishable under Section 304-II of I.P.C. He is a young boy aged 23 years. it was a sudden quarrel that arose between accused and deceased as observed earlier the accused had no intention to commit murder of deceased and did not cause injuries on the vital part of the body of deceased.” 2 The learned Advocate for the applicant/accused further submitted that the appellant/accused is in jail since the date of his arrest i.e. from 07/11/2007 and as such he has undergone the major portion of the sentence. He has placed reliance on the judgment of Apex Court in the case of Bhagwan Rama Shinde Gosai and others ..vs.. State of Gujarat, reported in AIR 1999 Supreme Court 1859. Learned APP has opposed the application. However, considering the quantum of substantive sentence which is for a limited period and the fact that the applicant has undergone the major portion of his sentence, I am inclined to allow the application. Hence, the application is allowed. The substantive sentence of imprisonment imposed on the applicant shall stand suspended during the pendency of the appeal and the applicant/accused be released on bail on his furnishing P.R. bond of Rs.20,000/- with one solvent surety in like amount, on the following conditions. a] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the Police Station, Khamgaon city. b] In case the applicant is moving out of the area of police station, Khamgaon city, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Criminal Application is disposed of in the above terms. JUDGE Diwale