1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPEAL NO.471/2011. (Rakesh Mohan Gadekar Vs. The State of Mah. Thru. PSO PS Jaripatka, Nagpur) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Ms. S.T. Godbole, Advocate for the Appellant. Mr. S.S. Doifode, A.P.P. for the Respondent/State. ----- CORAM: U.V. BAKRE, J. DATE: 18 TH OCTOBER, 2011. Heard learned Advocate Ms. S.T. Godbole, for the appellant. Admit. Call for record and proceedings. Learned A.P.P. Mr. S.S. Doifode is present before the Court and waives service on behalf of the respondent. Criminal Application (APPA) No.680/2011. Heard both the sides. The applicant has been convicted and sentenced for the offence punishable under Section 307 of the Indian penal Code to suffer rigorous imprisonment for five years and to pay fine of Rs.5000/- in default to suffer simple imprisonment for three months, whereas he has been convicted and sentenced for the offence punishable under Section 324 of the Indian Penal Code and to suffer rigorous imprisonment for two years to pay fine of 2 Rs.2000/- in default to suffer simple imprisonment for two months. The substantive sentences have been ordered to run concurrently. The applicant has already paid the fine amount of Rs.5000/- before the trial Court. It is further seen that during the trial, the applicant was on bail. It is the case of the applicant that he is the sole bread earner of his family and that he had not misused the concession of bail. Considering the fact that the appeal may take a long time for final disposal, I am of the view that the applicant should be granted relief as prayed for. Hence, the application is allowed. The operation of the substantive sentences of the imprisonment is suspended till the final disposal of the appeal. In the meantime, the applicant shall be released on bail upon execution of personal recognition bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount. Application stands disposed of, accordingly. JUDGE NSN