1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1104 OF 2009 IN CRIMINAL APPEAL NO. 842 OF 2005 Shashikant Ankush Salgar .. Applicant. vs. State of Maharashtra .. Respondent. Mr. Vishwanath Talute for the applicant.. Mr. Rajesh More, APP., for the Respondent/State. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 9TH DECEMBER, 2009 P.C. : This is an application for suspension of sentence and bail. It is contended by the learned counsel appearing for the applicant that co-accused in the case who is also convicted has been released on bail. 2 The case of the applicant can be distinguished on the ground that the applicant is the accused who has given the fatal blow with a knife. 2. The learned counsel for the applicant submits that the victim and his associate actually trespassed and at the most his case will fall under section 304 Part II. Prima facie we find that there is no evidence on record to show that the victim and his associates were the aggressors or the assaillants. Therefore, we do not find any reason to consider the case of the applicant for suspension of sentence. Therefore, we are not inclined to entertain this application. The same is rejected. Appeal to be heard in due course. ( J. N. PATEL, J.) ( A. A. SAYED, J.)