IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 167 OF 2005 IN CRIMINAL APPEAL NO. 42 OF 2005 DEEPAK DALVI, PRESENTLY IN CUSTODY ....Applicants AT CENTRAL JAIL, AGUADA AND ANR, Versus STATE THROUGH PUBLIC PROSECUTOR ....Respondents Shri Amey Prabhudessai, Advocate for the Applicants Shri S.N. Sardessai, P.P. for State/Respondent. Coram:- N. A. BRITTO, J. Date:- 14th September, 2005 P.C.: Heard Shri Prabhudessai, the learned counsel on behalf of the applicants/accused. During the trial of Sessions Case No.40/2004, both the accused were on bail. The applicants/accused have been convicted and sentenced under Section 307 r/w 34 I.P.C. to undergo five years R.I. and to pay a fine of Rs.3000/- each, in default to undergo six months S.I. No exceptional circumstances have been pointed on behalf of the respondent not to suspend the sentence and/or release the accused/applicants on bail. Being so, in my view the sentence imposed upon the applicants/accused shall stand suspended upon the accused executing a Bond in the sum of Rs.10,000/- each with one surety in the like amount to the satisfaction of the learned Addl. Sessions Judge, Margao. N. A. BRITTO, J.