Issue notice.

Mr. D. S. Mehra accepts notice on behalf of the State.

Leave granted.

In this matter the appellants have been convicted under Section 307 read with Section 34 of the Indian Penal Code and each was sentenced 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 a one line order had been passed by a learned Single Judge which is extracted below :

"Heard learned counsel for the parties. Dismissed."

This Court has stated in Bhagwan Rama Shinde Gosai v. State of Gujarat (1999 SC 859) :

"3. 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." *

No exceptional circumstance has been highlighted by the learned Single Judge for deviating from the aforesaid course suggested by this Court. We, therefore, allow this appeal and order the suspension of the sentence of imprisonment passed on the appellants during the pendency of the appeal before the High Court. They shall be released on bail on each of them executing a bond with two solvent sureties to the satisfaction of the trial court.

This appeal is disposed of accordingly.