1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application (APPA) No. 373/2009 in Criminal Appeal No. 513/2009 ( Prakash Vitthalrao Vairagade and ors. .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.R. Chavan, Advocate for the Applicants. Mr. D.P. Thakre, , APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 19, 2009 Heard. By the present application, the applicants/accused original appellants no.2 and 3 convicted for commission of offences punishable under Sections 498-A and 306 read with 34 of IPC and sentenced to suffer R.I. for two years and saddled with fine of Rs.500/- and in default of payment of fine further ordered to undergo S.I. for 2 months on first count and also sentenced to suffer R.I. for three years and saddled with fine of Rs.500/- and in default of payment of fine further ordered to undergo S.I. for two months have prayed for suspension of substantive sentence imposed upon them pending hearing and final disposal of the appeal and so also for releasing them on bail. Having regard to the statement made by the 2 learned counsel for the applicants that the applicants/accused were on bail during the proceeding before the trial Court and having paid fine amount being found supported by a judgment and having regard to the fact it will take some time for this appeal to come up for hearing, pending hearing and disposal of the appeal, the substantive sentence of imprisonment imposed upon the appellants No.2 and 3 is hereby suspended and they are directed to be released on bail subject to each of them furnishing a PR bond in the sum of Rs.25,000/- with two sureties in the like amount and subject to the conditions of appellants no.2 and 3 (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 them at the trial and (iii) not committing any offence while being on bail granted vide this order. JUDGE halwai