1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 156/2009 in Criminal Appeal No. 473/2009 Sambhaji Chindhuji Pachare vs. State of Maharashtra ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.LAVANDE & R.C.CHAVAN, JJ DATE : 12.04.2010 Heard Mr. S.P. Gadling, learned counsel for the applicant and Mr. T.A.Mirza, learned APP for the respondent. By this application, the applicant who has been convicted for the offence punishable under Section 302 of the Indian Penal Code for having committed murder of his wife Shalu on 5.6.2006 by Judgment and order dated 31st March, 2009 passed by the Additional Sessions Judge, Chandrapur in Sessions Case No. 113/2008 seeks suspension of sentence and bail. It is the case of the prosecution that the applicant set his wife Shalu ablaze at about 4.00 a.m. on 5.6.2006 causing her injuries which resulted her death. The defence taken by the accused was that Shalu committed suicide. The learned trial Court in paragraph no. 38 of the Judgment has enumerated eight circumstances against the accused and 2` consequently convicted the applicant for the offence of murder of his wife. Perusal of the Judgment discloses that the learned trial court has relied upon eight circumstances mentioned in paragraph no. 38 for convicting the accused. The defence taken by the accused that the deceased Shalu committed suicide is not probabalised by any evidence brought on record by the applicant and, therefore, in our considered opinion, the learned trial court has rightly convicted the applicant for the offence of murder of his wife. Having regard to the nature of the offence and the manner of commission of the offence, we are not inclined to grant suspension of sentence imposed on the applicant. No exceptional case has been made out by the applicant for suspension of sentence and for grant of bail. Therefor, the application stands dismissed. JUDGE JUDGE patle 3`