1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 738 OF 2010 IN CRIMINAL APPEAL NO. 566 OF 2010 (Pruthviraj Baliram Rathod .v. 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. Shri A.B. Mirza, Advocate for the applicant. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 02ND DECEMBER, 2010. Heard. By way of present application, the applicant is seeking suspension of sentence and grant of who is convicted and sentence to suffer RI for five years and to pay fine of Rs.5,000/-, in default, to suffer further RI for six months, vide order dated 31.08.2010 passed by the learned Additional Sessions Judge, Akola. Learned Counsel for the applicant submits that he has raised substantial grounds to challenge the impugned order in the present appeal. He further submits that in view of the pendency of the old appeals, there is remote chance of appeal filed by the applicant/appellant being heard in due course. He further submits that the applicant is behind the bars since more one and half years as against the conviction of five years. He further submits that the applicant is the sole bread earner of the family and he has to support his aged parents. The applicant earns his livelihood by working as agricultural labour. To support his submissions, the learned Counsel for the applicant relies on the judgment of the Apex Court in the case of Suresh Kumar and others .v. State (NCT of Delhi) (reported in 2001(1) SCC 338). I find considerable merit in the submissions made by the learned Counsel for the applicant. In the result, the application is allowed. The 2 applicant/appellant is ordered to be released on bail on the same terms and conditions as in the trial Court with fresh bonds. Hamdast granted. JUDGE *rrg.