1 900.11-appa IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL APPLICATION NO. 900 OF 2011 IN CRIMINAL APPEAL NO. 784 OF 2011 Afsar Abdul Shaikh. ... Applicant. V/s. The State of Maharashtra. ... Respondent. A.H.H.Ponda for the applicant. Ms.Poonam Bhosale, APP for the State. CORAM: R.M.BORDE, J. DATED : 14th September 2011. P.C. : By this application, the applicant is seeking suspension of substantive sentence of imprisonment imposed against him by Additional Sessions Judge, Sewree, Mumbai dated 6th July 2011 in Sessions Case No.750/2010. The applicant- accused was prosecuted under section 307 read with section 34 of Indian Penal Code (I.P.C.) and is found guilty of the offence punishable under section 307 of I.P.C. and is sentenced to suffer R.I. for five years and to pay fine of Rs. 25,000/- and in default to suffer R.I. for one year. 2. The counsel appearing for the respondent has opposed this application on the ground that the applicant was involved in criminal 2 900.11-appa offences on earlier occasions and there are cases registered against him. However, it has been pointed out that the applicant has been acquitted from Criminal Case No.864/P/1989 for the offence punishable under section 324 of I.P.C. on 2nd May 2000. Applicant was also prosecuted for the offence punishable under sections 341 and 506 of I.P.C. in Criminal Case No.3709/1997 and has been acquitted on 25th July 2005. It is stated that at least since 2005 there are no allegations against the applicant in respect of indulging in any criminal activities. It is not disputed that the applicant- accused was on bail during trial and has not abused the liberty granted in his favour. 3. Considering short sentence imposed against the accused and considering the fact that the appeal is not likely to be listed for hearing within short span of time, it would be in the fitness of thing to direct suspension of substantive sentence of imprisonment imposed against the applicant- accused and release him on bail. In this view of the matter, application tendered by the applicant- accused needs to be considered favourably. It is, therefore, directed that the substantive sentence of imprisonment imposed against the applicant- accused vide judgment and order dated 6th July 2011 in Sessions Case No.750/2010 shall stand suspended and the accused shall be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the said amount. The applicant- accused shall deposit fine amount as directed by the Sessions Court. Bail in the trial Court. 4. Criminal application stands disposed of according. (R.M.BORDE, J.)