(1) ISSUE notice.

(2) MR. D.S. Mehra accepts notice on behalf of State.

(3) LEAVE granted,

(4) IN this matter appellants have been convicted under Section 307 read with Section 34 of Indian Penal Code and each was sentened to imprisonment for a period of 3 years and to pay a fine of Rs. 2000/-. When they moved for suspension of the sentence of imprisonment, the High Court refused to do so for which just one line order had been passed by learned Single Judge which is extracted below:

"HEARD learned Counsel for the parties. Dismissed".

(5) THIS Court has stated in Bhagwan Rama Shinde Gosai and Ors. v. State of Gujarat [JT 1999 (1) SC 1 = 1999 (4) SCC 421]. "When a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the Appellate Court liberally, unless there are exceptional circumstances".

(6) NO exceptional circumstance has been highlighted by the learned Single Judge for deviating, the aforesasaid course suggested by this Court. We, therefore, allow this appeal and order the suspension of the sentence of imprisonment passed on