1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 591/2011 (APPA) IN Criminal Appeal No. 627/2010 Gajya @ Gajanan Shamraoji Dhurve ..Vs.. State of Maharashtra Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. V. Sirpurkar, Advocate for the Applicant Mr. C. N. Adgokar, A.P.P. for the respondent CORAM : U.V. BAKRE, J. DATED : 22.9.2011. 1. Heard Mr. S. V. Sirpurkar, learned Advocate for the Applicant and Mr. C. N. Adgokar, learned A.P.P. for the respondent. 2. The applicant has been convicted for offence punishable under Section 304 Part-I of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 500/-, in default, to suffer rigorous imprisonment for one month. 3. The learned Advocate for the applicant has submitted that the material omissions and contradictions brought on record were not considered by the trial Court and that there is a very good case for the applicant on merits. Relying upon the ruling in the case of Bhagwan Rama Shinde Gosai and others v. State of Gujarat, reported in 1999 CRI.L.J. 2568, the learned counsel submits that the instant application be allowed. On the contrary, the learned A.P.P. submits that the trial be expedited without granting the present application. 2 4. In the case of Bhagwan Rama Shinde Gosai (supra), it has been held by the Hon'ble Apex Court that when a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances. It is seen that the appellant has already undergone three years imprisonment. There is no statutory restriction against suspension of sentence and there are also no exceptional circumstances for not granting the same. Hence, I am of the view that the application should be allowed since it is not known as to how much time will be taken for disposal of the appeal on merits, in which there are arguable points, as raised in the memo of Appeal. 5. In the result, the application is allowed. The impugned sentence is suspended until the final disposal of the appeal. In the meantime, the applicant shall be released on bail upon execution of the personal recognition bond in the sum of Rs. 30,000/- with one solvent surety in the like amount under condition that the applicant shall attend the Narkhed Police Station on Monday of every fortnight in the morning session until the final disposal of the appeal. Application stands disposed of. JUDGE Punde.