1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 599 OF 2010 IN CRIMINAL APPEAL NO.395 OF 2010 Mohd. Sattar Mohd. Iqbal Shaikh. ....Applicant. Vs. The State of Maharashtra. ....Respondent. Ms. Sartaj Shaikh, advocate for applicant. Mr. J.P.Yagnik, APP for Stated. CORAM:- P.V.HARDAS AND M.N.GILANI, JJ DATED:- MARCH 21, 2011 P.C. 1. This is an application u/sec. 389 of the Code of Criminal Procedure, by the original Accused No.1 for suspending sentence and in turn releasing him on bail. 2 Applicant/Accused No.1 Mohd. Sattar Mohd. Iqbal Shaikh alongwith Accused No.2 Mohd. Sharif Mohd. Iqbal Shaikh were tried before the Ad-hoc Additional Sessions Judge, City Civil & Sessions Court, Mumbai for the offence punishable under section 302 r/w 34 of Indian Penal Code. Both were convicted for the said offence and each was sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/-. Impending hearing of the criminal appeal No.345 of 2010 filed by both the Accused, this application for bail has been moved by the Accused No.1 for suspension of execution of sentence and releasing him on 2 bail. 3 Heard learned Counsel for the applicant and the learned APP. 4 The prosecution case is that on 14th April, 2009 when the complainant Smt. Selvi and her husband(deceased) were going towards hotel, the applicant/accused No.1 entered into an altercation with the deceased and gave push to the complainant. This was followed by scuffle between the deceased and the Accused No.1. The accused No.1 was not armed. Thereafter, the Accused No.2 appeared holding knife and dealt blow of knife on the neck of the deceased. Then both the accused ran away. 5 After assessing the evidence, the learned Additional Sessions Judge with the aid of section 34 convicted both the accused under section 302 r/w. 34 of the I.P.C. and imposed sentence as stated above. 6 With the assistance of both the learned Counsel for the applicant and the learned APP, evidence is perused. When the scuffle started between the deceased and the Accused No.1, the accused No.2 was not present. During the scuffle the accused No.2 came from behind, armed with knife and dealt its blow on the neck of the deceased. Obviously, fatal injury suffered by the deceased is not attributed to the accused No.1 7 In view of this, we are inclined to suspend the sentence of imprisonment for life and release the applicant/accused No.1 Mohd. Sattar Mohd. Iqbal Shaikh on bail on his furnishing P.R.Bond in the sum of Rs.50,000/- and two sureties in the like amount to the satisfaction of the trial Court, with condition 3 that he shall not leave Mumbai city without permission of the trial court. Whenever there is change in the address either of his or sureties’, the same shall be intimated to the trial court and also to the concerned police station. 8 Application is allowed accordingly. (M.N.GILANI, J) (P.V.HARDAS, J)