1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 915/2010 in Criminal Appeal No. 657/2010 (Shrikant Sukhdeo Borkar .vs. State of Maharashtra through PSO PS Jaripatka, tahsil and Dist. Nagpur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.V. Sirpurkar, Advocate for Applicant. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 25, 2011 Heard. By the present application, the appellant/applicant convicted for commission of offence under Sections 323, 342 and 376 of IPC and sentenced to suffer R.I. for 7 years and to pay fine of Rs.3000/- in default of payment of fine to suffer further R.I. for 3 months on first count, R.I. for 3 months on second count and R.I. for 3 months on third count, has prayed for suspension of sentence and releasing him on bail pending hearing and disposal of the appeal. The perusal of the record and proceedings reveal that the submission of the learned counsel of the appellant that 2 the incident which is said to have given rise to commission of offence having occurred due to the consent of the prosecurtrix being highly debatable , prima facie cannot be said to be devoid of merits. Having regard to the same and having regard to the fact that the appellant is in jail since his arrest i.e. for a period of about 2 ½ years or more, the prayer for bail deserves consideration as it is unlikely that the appeal will be taken up for hearing in the immediate near future. Having regard to the same, pending hearing and disposal of the appeal, the substantive sentence of imprisonment imposed upon the appellant is hereby suspended subject to depositing the fine amount and further he is directed to be released on bail subject to furnishing a PR bond in the sum of Rs.15,000/- with one surety in the like amount and subject to the conditions of the applicant (i) staying at the address mentioned in the appeal memo and not changing the same without the permission of the Court, (ii) not committing any offence while being on bail granted vide this order and (iii) appearing before this Court at the time of final hearing. Application stands disposed of. JUDGE halwai