various offences, for which he has been convicted and sentenced. The learned counsel further submitted that it was accused no.1 Niyaj Ali Hussain Ali, who had dispute with Rajesh Waghmare and the applicant was a total stranger and as such there is absolutely no reason for the applicant to commit various offences, for which he has been convicted and sentenced. Mr. Sirpurkar invited our attention to the evidence of aforesaid three witnesses and submitted that there are variances in the testimonies of P.W.4, P.W.5 and P.W.6 and their evidence does not establish use of any weapon by the applicant in commission of murder of Rajesh and as such this is a fit case in which substantive sentences imposed on the applicant deserve to be suspended pending hearing and final disposal of the appeal. Mr. Sirpurkar, further submitted that the applicant was on bail pending trial and he did not misuse liberty and as such he is entitled to be released on bail pending hearing and final disposal of the appeal. Mr. Sirpurkar, further submitted that the original accused no.4 Kanija Begum Niyaz Ali and accused no.5 Shamim Sultana Sk. Israil, who have been also convicted for the same offences, have been granted bail by this Court by order dated 6.2.2013 and as such on the ground of parity also the applicant is entitled to be released on bail.
