1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1923 of 2009 In Criminal Appeal No. 296 of 2009 Wahid v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr V.S. Sirpurkar, Adv for applicant Mr Anoop Parihar, APP for State Coram: A.P. Bhangale, JJ Dated : 20th July 2009 1. Heard Mr V. S. Sirpurkar, learned counsel for applicant/appellant and Mr Anoop Parihar, learned Addl. Public Prosecutor for respondent-State. Instant application has been filed for suspension of sentence and grant of bail pending final disposal of main appeal. Applicant/appellant has been convicted for the offences punishable under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act as also for an offence punishable under Section 161 of the Indian Penal Code and maximum jail sentence imposed upon him is RI for two years. 2. Learned counsel for applicant has vehemently contended appellant has almost an unimpeachable case on merit and in all probabilities appeal would succeed. He prayed for suspension of sentence and grant of bail. In support of his submissions, learned counsel for applicant has relied upon judgments of the Apex Court in Bhagwan Rama Shinde and ors v. State of Gujarat reported in AIR 1999 SC 1859 and Angana & anr v. State of Rajasthan reported in (2009) 3 SCC 2 767. Learned Addl. Public Prosecutor, on the other hand, has contended that the conviction is based on evidence available on record. Mr Parihar has contended that PW 1 Nandu has fully supported the prosecution case and his evidence is corroborated by P.W. 5 Vasant. He submitted that application deserves to be rejected. 3. It is laid down by the Apex Court in Bhagwan Shinde’s and Angana’s case cited supra that when a convicted person is sentenced to a fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate court. It is further laid down that when the appellate Court finds that due to practical reasons such appeals cannot be disposed of expeditiously, the appellate Court must bestow special concern in the matter of suspending the sentence so as to make the appeal right meaningful and effective. In the instant case, looking to the maximum sentence of two years imposed by the trial Court coupled with the fact that there is no likelihood of the present appeal being heard finally in near future, application deserves to be allowed so as not to render valuable right of appeal of the applicant as an exercise in futility by efflux of time. 4. Application is allowed. Impugned sentence of imprisonment shall remain suspended during the pendency of main appeal and on suspension of jail sentence, applicant be released on bail on the same terms and conditions as were in the trial Court, but with fresh bonds to be furnished before the trial Court. Fine, if not paid earlier, be deposited immediately. Judge. hsj