1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.319 OF 2009 IN CRIMINAL APPEAL NO.763 OF 2009 Khurshid Aalam Abdul Kayyam Shaikh @ Khurshid Langada .. Applicant/Appellant V/s The State of Maharashtra .. Respondent Mr.Amin Solkar for the Applicant/Appellant. Ms.A.S.Pai, APP for State/ Respondents. CORAM : J.N.PATEL & A.A.SAYED, JJ. DATE : 3rd November, 2009. P.C.: 1. Heard. 2. This application is made by the appellant for suspension of his sentence. The appellant was tried by the Court of Sessions on the charge of having committed murder of Salim Khan. According to the prosecution the appellant stabbed Salim Khan with a knife on his chest at about 10.30 p.m. Thereafter the victim was rushed to Rajawadi Hospital, where he was examined by the Doctor and was 2 declared dead. The prosecution examined the complainant who is wife of the deceased, Muzaffar Khan who is son of the deceased, as well as one more witness, who are eye witnesses to the incident. 3. The trial Court found the appellant accused guilty of having committed murder of victim Salim Khan and sentenced him to suffer imprisonment for life. 4. The learned counsel for the appellant submitted that the prosecution evidence goes to show that the incident took place on spur of the moment, and therefore, at the most the case would fall under Section 304-II of the Indian Penal Code. It is further submitted that the appeal would not come for hearing in the near future, and therefore, this is a fit case where substantive sentence of the appellant deserves to be suspended, and he should be released on bail. 5. The learned APP strongly objected to grant of bail and submitted that the offence has been committed by the appellant due to previous quarrel which had occurred between them on the same day and that the appellant had come prepared armed with a knife and stabbed the victim on vital part of the body which resulted in his death, and therefore, the learned trial Court has rightly held that the appellant has committed the offence of murder. 3 6. We have gone through the evidence on record to form prima-facie opinion whether it is a fit case where the appellant can be granted bail by suspending his sentence, and we are of the view that the evidence on record does not indicate that this is a case which would fall under any of the exceptions of Section 300 of the Indian Penal Code. In the given facts and circumstances of the case, we are not inclined to consider the application for suspension of sentence. Application stands rejected. (J.N.PATEL, J.) (A.A.SAYED, J.)