( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4490 OF 2007 WITH CRIMINAL APPLICATION NO. 4489 OF 2007 The State of Maharashtra APPLICANT VERSUS Abasaheb Jabaji Phatke and others. RESPONDENTS ..... Mrs. A.V. Gondhalekar, APP for the applicant/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 25th August, 2009] PER COURT : 1. Heard. 2. There is delay of 70 days in filing of the appeal. The delay is explained in the application. The delay is attributed to the official difficulties as shown in paragraph No. 2 of the application. I accept the explanation and condone the delay. The application for condonation of delay is accordingly allowed. ( 2 ) 3. So far as leave to appeal is concerned, it may be stated that the learned Sessions Judge held that the respondents did not abet commission of the suicide by the deceased. The deceased by name Sambhaji committed suicide by consuming insecticide called “Rogor”. The learned Sessions Judge noticed that there was no material to infer that due to incident of earlier beating, the respondents intentionally instigated the deceased to commit the suicide. No visible injury was found on the person of deceased Sambhaji during course of post mortem examination. The respondents were convicted for offences punishable under section 452 and 323 read with section 34 of the I.P. Code. The learned Sessions Judge has duly considered the attending circumstances while directing the release of the respondents on bond to good behaviour as provided under the Probation of Offenders Act. They are the agriculturists and it was their first offence of committing the house trespass and voluntarily causing simple hurt to the deceased. No substantial reason appears to interfere with the discretionary order of the sentence, rendered by the learned Sessions Judge and, ( 3 ) therefore, the application seeking leave to appeal is dismissed. Consequently, the appeal stands dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/ CRIAPLN4490-4489-07