1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPR] No. 153 of 2011 in Criminal Revision Application [REVN] No. 119 of 2011 (Dhondba S/o. Tukaram Khandare Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Aditya Patil Mane. Advocate for the applicant. Mr. J.B. Jaiswal, APP for the State/non-applicant CORAM : Prasanna B. Varale, J. DATE : 6 th September, 2011. Heard. This is an application for suspension of sentence of the applicant and releasing him on bail. Learned Advocate for the applicant submits that the applicant has raised substantial grounds in the revision application. He further submits that the learned Courts below have not appreciated the evidence in proper perspective. He further submits that non-examination of the Investigating Officer is the material ground, which may call for interference at the hands of this Court. He further submits that the so called incident of outraging the modesty of the prosecutrix/victim viz. Ku. Dagdubai D/o. Natthu Kadam and threatening her is of the year 1990. He further submits that the applicant was on bail during the trial and 2 there is nothing on record to say that the applicant has violated any condition of the bail or jumped the bail and misused the liberty granted to him. He further submits that the applicant is an agricultural labourer and he is the sole bread winner of the family. He lastly submits that even considering the sentence, which can be termed as a short sentence, and the fact that the revision may take considerable time for its disposal, the sentence awarded to the applicant may be suspended and he be released on bail. There is considerable merit in the submission of the learned Advocate for the applicant. In view of the submission of the learned Advocate for the applicant and the reasons stated in the application, the application is allowed. The sentence awarded to the applicant is suspended. The applicant be released on bail on the same terms as they were during the trial and on executing fresh bail bonds. Application is disposed of accordingly. Hamdast granted. JUDGE *sdw