1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 1173 OF 2008 IN CRIMINAL APPEAL NO. 1090 OF 2008 Pintu @ Arjun Suraji Suryavanshi .. Applicant Vs. The State of Maharashtra ..Respondent Mr. M.K. Kocharekar i/by M/s. Rajvee Sawant & Associate for applicant. Mr. P.A. Pol, PP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. August 20, 2009. P.C. Heard Mr. Kocharekar the learned counsel for the applicant who has filed Criminal Appeal No. 1090 of 2008 against the order of conviction and sentence passed by the learned Ad-hoc Additional Sessions Judge at Sangli in Sessions Case No. 33 of 2008. The applicant has been convicted under Section 302 of IPC and sentenced to suffer life imprisonment and to pay a fine of Rs.10,000/- in default to suffer further RI for six months. The prosecution has examined in all seven witnesses in support of its charge that Suresh Gavandi was done to death by the applicant on 6/11/2007 between 8.30 p.m. to 9 p.m. at village Tadsar, Taluka – Kadegaon, District – Sangli. PW 4 was the Medical Officer who had conducted post mortem and as per him Suresh died of hemorrhagic shock due to cut right carotid artery with fracture cervical spine due to injury at right 2 side of neck. PW 6 is the brother of the deceased and staying in the adjacent house had filed the complaint. We have gone through the depositions of PW 3 – Satyam Tanaji Gavandi, PW 5 - Nirmala Gavandi, the wife of the deceased and PW 6 – Shivaji Gavandi. We are satisfied that there is no case made out to suspend the order of sentence under Section 389 of Cr.P.C. and release the applicant on bail, pending his appeal. Hence, the application is rejected. Liberty to apply for early hearing after the paper book is ready. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)