1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPEAL NO.49/2011 (Mohd. Ibrahim @ Ibbu s/o Mohd. Aslam .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.J. Mirza, Advocate for appellant, Mr. A.S. Sonare, APP for respondent. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 15, 2011 Heard. Perused the appeal memo and the judgment. Admit. Mr. A.S. Sonare, learned APP appears for the respondent by waiving notice. Criminal Application (APPA) No.66/2011 Heard. By the present application, the applicant/appellant convicted for commission of offences under Sections 366, 343 and 346 of the Indian Penal Code and sentenced to suffer R.I. for 3½ years and to pay fine of Rs.1000/- in default to undergo S.I. for 3 months for offence u/s 366 of IPC on first count and R.I. for 1 year and to pay fine of Rs.500/- in default to undergo S.I. for 1 month for offence under Sections 343 and 346 of IPC on second count by the Ad-hoc Additional Sessions Judge, Amravati in Sessions Trial Case No.19/2010 by the judgment 2 and order dated 5.1.2011, has prayed for suspension of sentence and releasing him on bail pending hearing and disposal of the appeal. Having regard to the submission made by the learned counsel for the applicant that he was on bail during the pendency of the trial, the sentence imposed being of 3½ years, having already deposited the fine amount ordered to be paid and it is unlikely that appeal would come up for hearing immediately in near future, the prayer made in the application deserves consideration. In said premises, pending hearing and disposal of the appeal, the substantive sentence of imprisonment imposed upon the applicant/appellant is hereby suspended and the applicant/appellant is directed to be released on bail upon furnishing a PR bond in the sum of Rs.30,000/- with two sureties 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 indulging in any activity of threatening, intimidating or harassing the witnesses who have deposed against him at the trial, (iii) not committing any offence while being on bail granted vide this order and (iv) appearing before this Court at the time of final hearing. Application stands disposed of. JUDGE Gulande