JUDGMENT

N.R. Borkar, J. - The applicant has fled the appeal against the judgment and order dated 06.05.2017 passed by the additional Sessions Judge, Satara in Sessions Case No. 65 of 2016. By the said judgment, the trial court convicted the applicant, who was the accused before the trial court, for the ofences punishable under sections 302 and 365 of the Indian Penal Code, 1860 ( for short 'IPC') and sentenced as follows:

(a) Imprisonment for life for the ofence punishable under section 302 of IPC; and

(b) Rigorous Imprisonment for seven years for the ofence punishable under section 365 of the IPC;

2] By this application under section 389 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), suspension of substantive sentence during the pendency of appeal and consequently, release of the applicant on bail is sought.

3] We have heard the learned counsel for the applicant and the learned aPP for the respondent/State.

4] according to PW-1 Rohini Madane and PW-4 Sindhu Bhandalkar on 10.03.2016, at about 10.30 p.m., while they were at their home, heard the dogs barking near the temple of Vetalbaba. They went in that direction and saw that the accused was assaulting the deceased. They as