1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 937 OF 2009 IN CRIMINAL APPEAL NO. 176 OF 2009 1 Bibishan s/o Laxman Pawar 2 Mishrya s/o Laxman Pawar 3 Shahji s/o Maruti Pawar Applicants Versus 1 The State of Maharashtra & another Respondents Mrs.S.S.Jadhav, advocate for the applicant. Mr.Dilip Bankar Patil, A.P.P. For Respondent No.1. CORAM: R.M.BORDE, J. DATE : 26th June, 2009. P.C.: 1 Applicant no.3-original accused no.8-Shahji s/o Maruti Pawar is convicted for the offence punishable under Section 304-II of I.P.C. and instead of directing imposition of sentence of imprisonment, he is directed to pay fine of Rs.1,00,000/-, by the trial Court. 2 The order in respect of imposition of fine of Rs.1,00,000/- is quite excessive. The appeal is already admitted. The question of validity of the order of conviction and imposition of sentence would be considered at the time of final disposal of the appeal. However, in the meanwhile, as the applicant could not deposit amount of fine because 2 of economical hardship, he is put in prison. 3 In this view of the matter, order passed by Ad hoc Additional Sessions Judge, Osmanabad, on 12.03.2009 in Sessions Case No.10/2007, in respect of imposition of fine amount to the tune of Rs.1,00,000/- against accused no.8–applicant no.3 herein, shall stand suspended and applicant-accused Shahji s/o Maruti Pawar, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- with one surety in the like amount. 4 Criminal Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/criappln93709