1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appeal No. 548 of 2010 Kisan @ Krushna Vitthal Shinde and another ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Deulgaon Raja, dist. Buldana. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.R.Wagh, Advocate for the applicant. Mr. J.B.Jaiswal, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 30 th September , 2010 . Heard. Admit. Call for R & P. Criminal Application No. 718 of 2010 Heard. This application has been filed by the applicants/accused for suspension of sentence and grant of bail. The appellants have been convicted for the offence punishable under section 326 read with Section 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 1 year and to pay fine of Rs.1,500 in default to undergo R.I. for 15 days. Mr. Wagh, learned Advocate for the applicants submitted that the applicants were behind the bar for four months. He has invited my attention to paragraph 25 of the impugned judgment and submitted that there is variance in respect of the spot of incident. He further submitted that even the statements of witnesses are not consistent with each other and as such creates doubt about the prosecution story. According to learned Advocate for the applicant, 2 he has strong case for suspension of the sentence. Learned Advocate also submitted that the amount of fine has already been paid by the applicant in the trial court. Learned APP has opposed the application. However, in the facts and circumstances of the case and considering the quantum of substantive sentence with a limited period, I am inclined to allow the application. Hence, the application is allowed. The substantive sentence of imprisonment imposed on the applicants shall stand suspended during the pendency of the appeal and the applicants/accused be released on bail on the same terms and conditions as were in the trial court with fresh bail bonds. Hamdast permitted. JUDGE Diwale