1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1762/2009 in Criminal Appeal No. 300/2004. Pandhari Sitaram Shende vs. State of Maharashtra ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.Lavande & Prasanna B. Varale,JJ DATE : 12.6.2009 Heard Mr. R.P. Joshi, learned counsel for the appellant and Mrs. Taiwade, learned A.P.P. For the respondent. 2. This is an application for suspension of sentence and grant of bail by the accused who has been convicted for the offence punishable under Section 302 of the Indian Penal Code. 3. In support of the application Mr. Joshi has made the following submissions; 1. Even if the entire prosecution case is accepted at the most an offence punishable under Section 304 (I) or 304 Part II of the Indian Penal Code is made out against the accused; 2` 2. There is a single injury on the deceased which according to the prosecution resulted in death of the deceased; 3. The applicant has been in jail for the period of five years and, therefore, he is entitled to be released on bail in view of the Judgment of the Apex Court in Takht Singh and others vs. State of M.P. (2001) 10 Supreme Court Cases, 463. 4. There is no possibility of appeal being taken up within a short period and as such the applicant be released on bail. 4. Per contra, Mrs. Taiwade, learned A.P.P. submitted that the bail application bearing No. 1727/2004 has been rejected by this court on merits in the year 2004 and, therefore, the applicant is not entitled to the relief at this stage. She further submitted that the appeal is of the year 2004 and it is ready for hearing and she will have no objection if the appeal is taken up for hearing. 5. Having considered the submissions made by the learned counsel for the applicant and the learned A.P.P. we are of the considered opinion that interest of justice would be served by placing the 3` Criminal Appeal on final hearing board. It is pertinent to note that the earlier application filed by the applicant was rejected on merits and, therefore, at this stage we are not inclined to consider the contention of the application whether at the most the offence punishable under Section 304 (I) or 304 Part II of the Indian Penal Code is made out against the accused. This is a matter to be considered at the time of final hearing of the appeal.. 6. We, therefore, direct the appeal be fixed for final hearing in the week beginning from 22nd June, 2009. If the appeal is not taken for final hearing within a reasonable time liberty to the applicant to renew his prayer of suspension of sentence and grant of bail. The application stands disposed of. JUDGE JUDGE patle 4`