1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.206/2011 IN CRIMINAL APPEAL NO.58/2011 (Deorao s/o Kawaduji Kamatkar .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. Ashwin Wasnik, Advocate for applicant, Mr. D.P. Thakre, APP for non-applicant/State. .......... CORAM : P.D. KODE, J. DATED : MARCH 30, 2011 Heard. By the present application, the applicant/appellant no.2 convicted for commission of offence u/s 326 r/w 34 of IPC and sentenced to suffer R.I. for 3 years and to pay fine of Rs.1,000/- in default to undergo S.I. for 3 months by the District Judge - 9 & Additional Sessions Judge, Nagpur in Sessions Trial No.26/2009 by the judgment and order dated 15.9.2010, has prayed for suspension of sentence imposed upon him and further prayed for 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 2 bail during the pendency of the trial, the sentence imposed being of 3 years and the applicant 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 is hereby suspended and the applicant is directed to be released on bail upon furnishing a P.R. bond in the sum of Rs.25,000/- 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 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