JUDGMENT 1. Heard learned counsel for the appellant as well as the learned Public Prosecutor on the application moved for suspension of the sentence by the accused appellant. 2. It is contended that the deceased died on account of one head injury. According to the prosecution, accused appellant was responsible for the injury but, the fact of the matter is that the complainant party was taking liquor on the road and when the accused appellant who was on Motorcycle wanted to cross the road, the complainant party became angry and scuffle took place. According to the learned counsel for the appellant, finding in this regard is available on the judgment of the learned trial court at Page-11. It is also contended that the case will not travel beyond Section 304 Pt.ll IPC. It is also contended that not immediately after the incident the death took place but, it was during treatment. Therefore, it is a case where conviction ought to have been recorded under Section 304 Pt.ll IPC. It has also been submitted that two of the eye witnesses have turned hostile and did not support the prosecution case. According to the learned counsel, the defence story is probable and the sentence awarded by the learned trial court to the accused appellant requires to be suspended. 3. On the other hand, learned Public Prosecutor opposed the submissions and submits that by evidence of PW.4 Ram Charan, it has been established that the accused was responsible for causing death of the deceased. Therefore, application for suspension of sentence requires to be rejected. 4. After having considered submissions of both sides, without commenting on merits and demerits of the case, we deem it proper to suspend the sentence awarded by the trial court to the accused-appellant, during pendency of appeal. 5. Accordingly, application is allowed and the sentence awarded by the trial court to the accused appellant Mohanlal S/o Hazari Lal vide judgment dated 21.6.2008 in Sessions Case No. 34/08 shall remain suspended during pendency of appeal and he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties in the sum of Rs. 15,000/- e h to the satisfaction of the trial court to appear before this court on 10.05 0 and as and when he is called upon to do so.Application Allowed. *******