1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 306 / 2009 in CRIMINAL APPEAL NO. 525/2009 [GAJANAN SHRIRAM BANARSE vs The State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr M P Kariya, Adv. for applicant Mr S B Ahirkar, APP for Respondent-State .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 12, 2010. Heard. Learned Advocate for the applicant is seeking suspension of substantive sentence of imprisonment of seven years with fine in the sum of Rs. 5000/-, in default, sentence of one year. According to him, the prosecution failed to prove the offence of murder for offence punishable under section 302 IPC and the appellant was held guilty for offence punishable u/s 304 Part II instead of Sec.302 IPC. 2. Be that as it may; looking to the facts and circusmtances that death was caused by forceful fist blows and the accused was sentenced for long sentence of seven years plus fine amount payable by him, I am not inclined to suspend the substantive sentence of imprisonment. However, paperbook be prepared expeditiously since the appellant is in jail and the 2 Appeal be listed for final hearing soon after paperbook is ready. 3. Application stands rejected. JUDGE sahare