1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 16/2011 in Criminal Appeal No. 5/2011 (Pintya @ Prashant Babarao Sawarkar .vs. 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. S.S. Tambulkar, Advocate for Appellant. Mr. P.V. Bhoyar, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : JANUARY 21, 2011 Heard. By the present application, the applicant/accused convicted for commission of offence under Sections 307 and 309 of IPC and sentenced to suffer R.I. for 5 years and to pay fine of Rs.500/- in default to suffer R.I. for 1 month on first count and R.I. for 6 months and to pay fine of Rs.100/- in default to suffer R.I. for 10 days on second count has prayed for suspension of the substantive sentence imposed upon him and releasing him on bail during pendency of appeal. The prayer in the application is objected by the respondent on the ground that after assessment of evidence, the trial Court has concluded about the guilt of the applicant/accused. Having regard to the grounds 2 mentioned in the appeal memo and quantum of sentence imposed, the same deserves to be suspended in the interest of justice and prayer for bail deserves to be accepted as it is unlikely that his appeal will come up for final hearing immediately in 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.50,000/- with two sureties in the like amount and subject to the conditions of the appellant (i) attending the Wani Police Station on every Monday after his release on bail in between 11 and 2 p.m.; (ii) staying at the address mentioned in the appeal memo and not changing the same without the permission of the Court, (iii) not indulging in any activity of threatening, intimidating or harassing the witnesses who have deposed against him at the trial, (iv) not committing any offence while being on bail granted vide this order and (v) appearing before this Court at the time of final hearing. JUDGE halwai