1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.970 OF 2009 IN CRIMINAL APPEAL NO.932 OF 2005 Raju Sahebgonda Birajdar .. Applicant Vs. The State of Maharashtra .. Respondent Mr.Shekhar Ingawale i/b Mr.Sudatta Patil for the applicant Ms.P.H.Kantharia, A.P.P. for the respondent / State CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 14TH DECEMBER, 2009 P.C. : 1. Heard. 2. This is an application for suspension of sentence and bail by one of the applicant / convict Raju Sahebgonda Birajdar who has been convicted alongwith others by the 4th Additional Sessions Judge, Sangli in the Sessions Trial wherein the accused persons have formed an unlawful assembly who had a common object of committing murder. By judgment and order dt.9.5.05, the applicant had been convicted on various counts 2 for having committed offences under sections 143, 147, 342, 436, 427, 302, 506 read with Sec.149 of the Indian Penal Code. 3. The learned counsel appearing for the applicant / appellant submits that the applicant / appellant is original accused no.20 and his case is identical to Basappa Jaygonda Basargi as well as Siddhu Dharma Patil whose sentence has been suspended by this court and having ordered to be released on bail and therefore, he claims parity alongwith original accused no.6 and 23. 4. The learned A.P.P. submitted that the applicant / appellant is found guilty by the trial court and his presence is duly proved and as he has been convicted with the help of section 149 for having committed various offences including that of murder u.s.302 of the I.P.C., it cannot be said that there is a good case on merits and, therefore, his application deserves to be rejected. 5. We have gone through the relevant evidence and prima facie, we are of the view that the applicant falls in the same category as original accused no.6 and 23 who have been released by this court on bail after suspending their sentence. Therefore, we pass the following order : 6. It is directed that pending the disposal of the present Appeal being 3 Criminal Appeal No.932 of 2005, the substantive sentence of imprisonment against the present applicant is suspended and he is granted bail of Rs. 25,000/- with PR bond and a surety in the like amount on condition that he reports to the Station House Officer of Umdi Police Station once a month on the 1st Monday of every month till the disposal of appeal and shall not indulge in committing any offence while on bail. 7. Application stands disposed of accordingly. ( J. N. Patel, J) (A.A. Sayed, J)