2010appa665.10.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 665 /2010 IN CRIMINAL APPEAL NO. 361 OF 2009 (Anil Namdevrao Kapde 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. M. A. Sable Adv for applicant. Mr. S. M. Bhagde, A.P.P. for respondent-State. CORAM : PRASANNA B. VARALE, J. DATED : 20 th October, 2010. Heard Shri Sable learned counsel for the applicant and learned APP for the State. 2. This is an application for suspension of sentence and grant of bail. Learned counsel Shri Sable submits that on earlier occasion the applicant has moved this Court and the application was withdrawn. Shri Sable invited my attention to Section 436-A of Criminal Procedure Code and submits that applicant is behind the bar and he is detained for a period of one and half of the total period of conviction. In such a situation the applicant is entitled for seeking the suspension of sentence and grant of bail. Learned counsel Shri Sable further submits that on merits he has a good case as applicant/appellant is raising the ground that on the similar set of circumstances and evidence the other accused are acquitted by the Court. 2010appa665.10.odt Learned Counsel Shri Sable further submits that the applicant is the sole bread earner of the family and having two daughters of marriageble age. Shri Sable further submits that there is no one in the family of the applicant to look after his children. In view of the grounds raised by the learned counsel for the applicant in my opinion the applicant is entitled to for seeking relief as prayed in the applicant. In the result application is allowed and sentence is suspended. The applicant be released on bail on his furnishing two sureties in the amount of Rs. 20,000/- each. The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. In case the applicant is moving out of the area of Police Station Nandgaonpeth Amravati, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Hamdast permitted. JUDGE svk