1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 604 OF 2010 IN CRIMINAL APPEAL NO. 63 OF 2010 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. Joydeep Chatarjee,Advocate for applicant. Mr. K.M.Suryawanshi, A.P.P. for State. ........................... [ CORAM : P.R.BORKAR, J. ] DATE : 05/03/2010 PER COURT : 1. Heard Mr. Joydeep Chatarjee Advocate for the applicant, Mr. K.M.Suryawanshi, learned A.P.P. for the State. Perused the Judgment and the record. 2. This is an application for suspension of execution of substantive sentence of imprisonment. The applicant is acquitted of main offence 2 under section 302 of the Indian Penal Code, but he is convicted for the offence punishable under section 498-A of the Indian Penal Code and is sentenced to suffer R.I. for 3 years and to pay fine of Rs. 1,000/- (Rupees One Thousand only). 3. After going through the Judgment, it appears that the discretion could be used in favour of the accused. The trial Court discussed the evidence in para no. 3 of the Judgment. 4. Considering the facts and circumstances, the application is allowed. The execution of the substantive sentence against the applicant is directed to be suspended on executing Bond by the applicant of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety in the like amount. The application is accordingly disposed of. [ P.R.BORKAR ] JUDGE knp/Cri. Apln.604.10 in Cri.Appeal No. 63.10.9