RASHID KABIR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants have moved this application u/s 389 (2) of the Code of Criminal Procedure seeking suspension of sentence and release on bail during pendency of the appeal.

(2.) Heard learned counsel for the applicants and learned APP representing the State.

(3.) The applicants were tried for committing ofence punishable u/s 302, 324, 504 and 506 r/w 34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989. On conclusion of the trial, the applicants are convicted for committing ofence punishable u/s 304-II of the Indian Penal Code and acquitted from all other ofences. The applicants are sentenced to sufer rigorous imprisonment for eight years with fne of Rs.2,000/- each and in default to undergo simple imprisonment for one month. Being aggrieved, the applicants have preferred appeal. Pending disposal of the appeal, the applicants have prayed for suspension of sentence and release on bail. In brief, it is the contention of learned counsel for the applicants that the applicants have good case to succeed on merits. No ofence u/s 302 as well as u/s 304 of the Indian Penal Code is made out against the applicants. As per the case of the prosecution, the incident occurred all of a sudden. There was no intention on the part of the applicants to commit the murder of the deceased. The daughter of the deceased examined in the case as eye witness has categorically stated in her evidence that the incident occurred on account of washing clothes on the common water tap. There was no motive on the part of the applicants to cause death of the deceased. The deceased died after the period of more than three days after the incident. The witness has deposed that the deceased went walking upto Police Station from the spot of incident. No weapon was used in commission of ofence. In that view, the conviction of the applicants u/s 304-II of the Indian Penal Code is not sustainable. It is further submitted that the applicants were on bail during trial. It will take long time to fnally hear the appeal. In this background, the learned counsel urged to suspend the sentence and release the applicants on furnishing bail.