(1) CRI.APP. 3109.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3109 OF 2010 IN CRIMINAL APPEAL NO. 322 OF 2010 Vijay S/o Maroti Vanve Age : 28 years, Occu.: Agri., R/o Kacharwadi, Tq. and Dist. Beed .. Applicant (Orig.Accused) VERSUS The State of Maharashtra Through Police Station, Necknoor Taluka and District Beed (Copy to be served on P.P. High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent ... Mr. N.L. Jadhav, Advocate for the Applicant Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 4TH OCTOBER, 2010 ORAL ORDER:- 1. This is an Application seeking suspension of substantive sentence during pendency of the Appeal. The applicant is convicted by the Sessions Court for offences punishable under section 304-I and 324 of the Indian Penal Code. He has been sentenced to (2) CRI.APP. 3109.2010 undergo imprisonment for ten years and to pay fine of Rs.5000/- for offence under section 304-I of the Indian Penal Code. 2. Heard learned Advocate for the applicant and learned APP. 3. It appears prima facie that the incident occurred at spur of the moment. Though, the applicant is charged for offence of committing matricide, yet it prima facie appears that he was enraged due to damage caused to the crops in his agricultural land due to grazing of she-goats of the deceased. It further appears that initially the applicant was not armed with a knife. It was during the course of the scuffle with the father the applicant inflicted a knife blow on the left forearm of the father and when the mother i.e. the deceased Sindhubai had attempted to intervene, she sustained the blows of knife. The opinion of the Medical Officer is that the deceased had received two stab injuries, one on left side of the back and another on the left 8th inter postal from the back side. It is (3) CRI.APP. 3109.2010 therefore, prima facie explicit that the accused dealt with blows of the sharp edged weapon like axe from behind. The defence of the applicant was that his father was armed with a sharp edged sickle and was trying to assault him, during course of which the mother intervened and received the blow. 4. The Appeal is likely to come up for hearing after a long time. The learned Advocate for the applicant makes a statement that the applicant is ready and willing to reside at Beed and will not enter village Kacharwadi till the disposal of the Appeal. He makes a statement that the applicant will not make any attempt to threaten the father or the other witness. Considering the fact that the applicant is young and is required to look after family members, and that the incident was triggered due to grazing of she-goats in his agricultural field, the applicant deserves liberty on the condition of his remaining away from the village. 5. In the result, the Application is allowed. The substantive sentence is suspended on condition (4) CRI.APP. 3109.2010 that the applicant furnishing bail bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety and further on condition that he shall not enter the limits of village Kacharwadi and shall remain present at Beed headquarter throughout the period of the pendency of the present Appeal. If it is found that he has committed any breach of such conditions, the order of suspension of the substantive sentence will be recalled. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp