1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 313/2009 in CRIMINAL APPEAL NO. 500/2009 [ BHURAJI RATAN PIMPALKAR AND ANOTHER 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. Amar Chavhan, Advocate for Appellant/applicant. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 02, 2009. Heard. Issue notice to the respondent State. Mr. Sonak, learned APP, waiving service appears for Respondent State. At the request of the applicant and with the consent of the learned APP, the application is forthwith called out for hearing. Heard. Having regard to the reasons mentioned int he application, the delay of 10 days in preferring an appeal against the judgment and order dated 25.08.2009 convicting the appellants for offence punishable under 2 Section 306 of I.P.C is hereby condoned inspite of the same being vehemently opposed by the learned APP. The same is condoned for giving an opportunity to the applicant for testing the merits of the matter. Application stands disposed of. CRIMINAL APPEAL NO. 500/2009. At the request of learned counsel for the appellant, called out for admission. Heard. Admit. Issue notice to the respondent State. Learned APP waiving service of notice appears for respondent State. CRIMINAL APPLICATION (APPA) NO. 232/2009 Heard. By the present application, the applicants/ appellants convicted for commission of offence under Section 306 r/w 34 of I.P.C and respectively sentenced to suffer RI for 5 years and 3 years with a fine of Rs.500/- with SI for two months in default for payment of fine, have prayed for suspension of sentence and releasing them on bail pending hearing and disposal of the appeal. Having regard to the fact that the statement of learned counsel for the appellants/applicants that they 3 were on bail during the proceedings before the trial Court, being supported by the copy of judgment produced on record and the offence in question having taken place about 4 years back, the prayer in the application deserves consideration to some extent as the appeal which is admitted may not come up for final hearing within a short period. Having regard to the same, pending hearing and disposal of appeal, the substantive sentence of imprisonment imposed upon the appellants is hereby suspended subject to each of them upon depositing the fine amount and further more appellants are directed to be released on bail during the said period subject to each of them furnishing a P.R.Bond in the sum of Rs.30,000/- with one or more sureties to make up the said amount and subject to condition that; (i) each of them shall stay at the address given by them in the appeal memo and shall not change the same without the permission of the court, (ii) each of them shall not indulge in any activity of threatening, intimidating or harassing the witness who has deposed against them at a trial or tamper the prosecution evidence in any manner; and (iii) each of them shall no commit any offence while being on bail granted by this order. Application stands disposed of. JUDGE Rvjalit