FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR C.A. No. 1537/2009 in Cr. Appeal No.59/2007 Shri Bhavesh s/o Mulchand Bhagwani Vs. State of Mah. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders of directions Court’s or Judge’s orders and Registrar’s orders Coram : A.P. Lavande & Prasanna B.Varale, JJ. Dated : 11th June, 2009. Heard Mr. Bhagwani, learned counsel for the applicant and Mr. Doifode, learned APP for the respondent. By this application under Section 389 of the Code of Criminal Procedure, the applicant seeks suspension of sentence and grant of bail. The applicant has been convicted for offences punishable under Sections 147, 148, 302 of the Indian Penal Code by the judgment and order dated 31.1.2007 and sentenced to different period of imprisonments including sentence for imprisonment for life. Mr. Bhagwani, learned counsel for the applicant in support of the application, made the following submissions:- (i) There was delay of two hours in lodging the F.I.R. (ii)All the witnesses examined by the prosecution are interested witnesses and no person from the locality has been examined (iii) No blood was found on the weapon i. e. Gupti alleged to have been recovered at the instance of the applicant and the recovery of the weapon has also not been proved. (iv)The appeal is not likely to come up for hearing in near future. Per contra, Mr. Doifode, learned APP submitted that there are three eye witnesses to the incident which have supported the prosecution case and proved participation of the applicant in the commission of murder of Atul Sarve. According to learned APP, this is not a case of no evidence and there is ample evidence on record to implicate the applicant in the commission of the offence. Having considered the submissions made by learned counsel for the applicant and learned APP for the respondent and having perused the record, we find no merit in the present application. There is sufficient evidence on record of three eye witnesses to establish the role of the applicant in the commission of the murder of Atul Sarve. Mere delay of two hours in lodging F.I.R, by itself, would not be fatal to the prosecution case. Insofar other grounds are concerned, we find no merit. No case is made out for suspension of sentence by the applicant, who has been convicted inter alia, for the offence punishable under Section 302 of the Indian Penal Code. In the result, the application is dismissed. JUDGE JUDGE Ambulkar