1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3885 OF 2009 IN CRIMINAL APPEAL NO.565 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Smt. S.S. Jadhav, learned Advocate for the applicant-appellant. 2. Notice to Respondent. Learned A.P.P. Shri K.M.Suryawanshi waives notice for the Respondent. 3. The applicant is convicted for offence punishable under Section 326 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for three 2 years and to pay fine of Rs.500/=, in default, to suffer simple imprisonment for fifteen days. 4. It is stated that the applicant has given single blow of axe to Prabhakar. It is also stated that the applicant-appellant was on bail during trial. That appears so from the record. Fine of Rs.500/= also appears to have been deposited. The age of the applicant was stated to be 22 years when the incident took place. 4. It is a case of single blow with axe on head and it is observed by the learned Sessions Judge that the act was a result of sudden quarrel. 5. In the facts and circumstances, sentence is suspended pending this 3 appeal, on applicant-appellant furnishing bail of Rs.20,000/= with one surety in the like amount. The applicant shall not try to contact the complainant or other prosecution witnesses. He shall attend the concerned police station on first Sunday of very month. Application disposed of. Date:16/11/2009 (P.R.BORKAR, J.) pnd/criap3885.09