1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.773 OF 2011 (Purushottam @ Lucky Shankar Vanjari ..vs.. State of Maharashtra, through PS Ambazari, (Crima Branch), Nagpur.) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri R.H. Rawlani, Advocate for the applicants, Mrs. Nandita Tripati, APP for the respondent. C ORAM : P.V. HARDAS AND P.B.VARALE, JJ. DATED : 30-11-2011 By this application, the applicants seek condonation of delay of ten days in filing an appeal challenging their conviction. We have heard learned Counsel for the applicants and learned A.P.P. for the respondent/State and for the reasons disclosed in the application, application is allowed and delay is condoned. CRIMINAL APPEAL NO.____ OF 2011 Since we have condoned the delay in filing of this appeal, this appeal is heard at the request of learned Counsel for the appellants. Heard learned Counsel for the appellants. Admit. Learned A.P.P. accepts notice of admission of the 2 appeal. CRI. APPLICATION (ST.) NO.______ OF 2011 Registry to register this application. Since we have admitted the appeal, by condoning the delay, this application is heard at the request of learned Counsel for the applicant though it is not listed as such. By this application, the applicant/appellant No.2 seeks suspension of the substantive sentence of imprisonment of six years and her enlargement on bail pending the decision of the appeal. The trial Court, by the judgment impugned in the present appeal, has convicted the present applicant for offence punishable under Section 413 read with Section 34 of the Indian Penal Code and has sentenced the applicant to undergo rigorous imprisonment for six years and to pay fine of Rs.3000/-, in default of which to undergo further rigorous imprisonment for nine months. Learned Counsel for the applicant states that the applicant has deposited the fine in the trial Court. The learned A.P.P. has opposed this application on the ground that the applicant is a habitual offender and four cases are pending against the applicant and the applicant is likely to misuse the bail if granted to the applicant. Taking into consideration the apprehension expressed by the learned A.P.P, the applicant may be released on bail by putting certain conditions. Since it is a short term imprisonment of six years, 3 we are inclined to allow this application. Accordingly, this application is allowed. The sentence of imprisonment of the applicant is suspended pending the decision of the appeal. The applicant be released on bail on the condition that the applicant shall execute a P.R. Bond of Rs.20,000/- with one solvent surety in the like amount to the satisfaction of the trial Court. Additionally, the applicant shall attend the Ambazari Police Station once in three months on first Saturday of the quarter between 1-00 p.m. to 9-00 p.m. JUDGE JUDGE pma