(1.) Instant application is for suspension of sentence and grant of bail by virtue of conviction recorded by learned Additional Sessions Judge, Ambad in Sessions Case No.274 of 2021 for offence punishable under Sec. 307 of Indian Penal Code (IPC) and sentencing applicant to suffer rigorous imprisonment for ten years and to pay fine.
(2.) According to learned counsel for applicant, there is apparently false implication in the backdrop of dispute over land. There are allegations of use of axe. It is pointed out that out of six accused five are acquitted and applicant alone is held guilty for offence under Sec. 307 of IPC. It is further pointed out that applicant was on bail during trial. That, as appeal filed against judgment and order of conviction would take long time to heard and decided, relief of suspension of sentence and grant of bail be granted.
(3.) Opposing the above application, learned APP would submit that, there is commission of serious offence of attempt to murder. There is use of axe. That, victim was required to undergo brain surgery. Therefore, considering the nature of allegations which are proved and sentence awarded, she prays to reject the application.