IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 3666 OF 2004 APPLICATION NO. 3666 OF 2004 APPLICATION NO. 3666 OF 2004 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 1026 OF 2004 APPEAL NO. 1026 OF 2004 APPEAL NO. 1026 OF 2004 Shri Rajaram Bajarang Awale. .. Applicant Vs State of Maharashtra. .. Respondents Mr. Shriram S. Kulkarni for the applicants. Mr. D.S. Mhaispurkar, APP, for the respondent-State. CORAM: S.B. MHASE & ANOOP V. MOHTA, JJ. DATED: 09TH DECEMBER, 2004 P.C.: 1. Heard Mr. Kulkarni for the applicants and Mr. Mhaispurkar, APP, for the State. 2. The incidence has occurred because of trifle issue of throwing sewage water in front of the door of the accused. They appear to be neighbours. Initially, there was an attempt to settle the dispute. However, in the evening suddenly the quarrel has picked up. It is noticed that the FIR and the subsequent recorded statements are at variance. The said variance also continues in the substantive statements. No proper explanation is coming forward in this regard. So far as the role of accused No.2 is concerned, initially he was attributed the role of stabbing PW11. However, later on, it is changed and it is stated that the accused No.2 has given the knife to accused No.3 and accused No.3 inflicted the blow on the said injured witness. 3. We find, prima facie, that there are contradictions and improvements made and therefore, we are inclined to suspend the sentence. Apart from this, we find that during the trial also, the bail was granted to the accused persons and they have not misused and/or misutilised the bail. Therefore, the following order: O R D E R : (a) The order of sentence dated 4th August, 2004, in Sessions Case No. 61/1999 decided by the I Ad-Hoc Addl. Sessions Judge, Islampur, is hereby suspended till the final disposal of the Appeal. (b) The applicants be released on P.R. Bond of Rs.20,000/- each, with two sureties each in the like amount. (c) The applicants are hereby directed to report to the Islampur Police Station once in a week i.e. on Sunday between 10.00 a.m. to 11.00 a.m. 4. Criminal Application is disposed of accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.] [srpasha@hc]