1409apeal523.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO. 523 OF 2010 AND CRIMINAL APPLICATION (APPA) NO. 682 OF 2010 IN CRI. APPEAL NO. 523 OF 2010. (Nikhil s/o Mahendra Diwe Vs. State of Maharashtra) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. Khanorkar, Advocate for the appellant. Mrs. Taiwade, A.P.P. for respondent-State. CORAM : A.P. BHANGALE, J. DATED : 14 th September, 2010. Heard. Admit. Call R. & P. CRI. APPLICATION NO. 682/10 : Heard the learned Advocate for the applicant and the learned A. P. P. for the respondent-State. By this application, the applicant/appellant prays for suspension of substantive sentence of imprisonment which was awarded for fixed period of three years for the offence punishable under Section 304 Part-II of the Indian Penal Code pursuant to judgment and order dated 31/8/2010 passed by the learned Sessions Judge, Wardha in Sessions Trial No. 92 of 2010. According to the learned Advocate for the applicant, that if the substantive sentence of imprisonment is not suspended, the appeal itself become infructuous as it would require long time for hearing. 1409apeal523.10.odt 2/2 Taking into consideration the fact that it would take long time to hear the appeal on merits, I am inclined to suspend the substantive sentence of imprisonment, as prayed for. Since the substantive sentence imposed on the applicant/appellant is suspended, pending hearing and disposal of the appeal, the applicant/appellant shall be released on bail upon his executing PR bond in the sum of Rs. 25,000/-, with one or more surety in the equal amount; provided that; (i) he shall attend the trial on each date of hearing, (ii) shall inform his fixed address with telephone/ mobile number, if any, to the I.O. as well as the registry of this Court; (iii) shall not influence the witness or witnesses acquainted with the case and (iv) shall not misuse his liberty in any manner. The application is disposed of. JUDGE wwl