JUDGMENT

1. Present application has been filed for suspension of substantial sentence imposed on the applicant in Special Case No.04 of 2017 by learned Additional Sessions Judge-2, Kopargaon, Dist. Ahmednagar on 26-07-2019.

2. The applicant has been convicted for the offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- (Rs. Ten Thousand only), in default, to suffer rigorous imprisonment for one year.

3. Heard learned Advocate Mr. R.C. Bora holding for learned Advocate Mr. M.L. Wankhade for applicant and learned APP Mr. P.G. Borade for respondent-State.

4. It has been vehemently submitted on behalf of the applicant that the learned trial Judge has not appreciated the evidence properly. In fact, the applicant alone has been held guilty of committing the offence punishable under Section 395 of Indian Penal Code and other accused persons have been acquitted. Therefore, the question arises as to whether the ingredients of the offence can be said to have been proved. Further, trial has been separated against accused Nos.2 and 3, who are still stated to be absconding. Even if we consider the