IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.2240/2009 in CRIMINAL APPEAL NO.336/2009 (Bhaskar Rushi Nandeshwar..vs.. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders [****] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 17 th JULY, 2009 Heard Shri Badar, advocate for applicant and Smt. Bodade APP for state. This is an application under section 389 of Cr.P.C. for suspension of jail sentence and for grant of bail. The applicant was convicted for the offences under section 328 and 379 of I.P.C. and was sentenced to suffer RI for 5 years and RI for 1 year respectively. Learned counsel for the applicant pointed out the omissions recorded in the evidence of the complainant. He has also relied on the judgment of the Apex Court in AIR 1999 SC 1859 Bhagwan Rama Shinde .vs.. State of Gujrat and (2006)1 SCC (Cri)757 Kamal ..vs..State of Haryana, to contend that as the applicant is sentenced to a fixed term of sentence, he would be entitled for bail during pendency of an appeal.. No doubt learned APP has contended that applicant had committed similar offence and when he was arrested, he was taken for investigation in the instant offence. It appears that applicant is almost for four years in jail and in view of the judgments of the Apex Court above, he would be entitled for suspension of sentence, but subject to conditions. Applicant be released on bail on furnishing surety and PRB of Rs.25000/- subject to condition that he shall report P.S. Badnera on first Sunday of each month at 11 a.m. until further orders or till his appeal is decided and also shall keep P.S.O. Badnera informed about his residential address. Surety shall be to the satisfaction of the learned trial Judge. On furnishing bail and on depositing fine amount, substantive sentence imposed against him; shall stand suspended till disposal of the appeal. Application stands disposed of. JUDGE SMP