1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 871 OF 2009 IN CRIMINAL APPEAL NO. 1265 OF 2007 Balu Ganpat Bhange .. Applicant. vs The State of Maharashtra .. Respondent. Mr. Shyam Mehta for the Applicant. Ms. A.S. Pai, APP., for the Respondent/State. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 9TH NOVEMBER, 2009 P.C. : This is an application for suspension of sentence tendered by the applicant through jail. 2. We have heard the learned counsel for the applicant as well the learned APP., The appellant has been tried and convicted 2 for offences punishable under Section 302, 323, 506 IPC. The appellant has been found guilty of having committed murder of Laxman Rama Pardhi by using stone. The sole witness to the incident is Salubai P.W.3. 3. In order to prima facie arrive at a finding as to whether the case has been made out under Section 302 of IPC against the appellant, we have gone through the evidence of P.W. 3 Salubai and the evidence of the medical officer. We are of the opinion that this is not a fit case where the appellant's sentence can be suspended and he can be released on bail. Therefore, the application is rejected. The order be communicated to the appellant. ( J. N. PATEL, J.) ( A. A. SAYED, J.)