1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPR] No. 183 of 2011 in Criminal Revision Application [REVN] No. 138 of 2011 (Prakash Vishramji Motikar 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. A.M. Dongaonkar, Advocate for the applicant. Mr. A.M. Deshpande, APP for the non-applicant/State. CORAM : PRASANNA B. VARALE, J. DATE : 29 th SEPTEMBER, 2011. Heard learned Advocate for the applicant. Learned Advocate for the applicant submits that the learned Judicial Magistrate First Class, Saoner, by judgment and order dated 08/06/2010, convicted the applicant/ accused and sentenced him to suffer 3 months, 2 months and 1 month rigorous imprisonment for the offence punishable under Sections 294, 506 and 323 of the Indian Penal Code respectively. He further submits that in the Criminal Appeal bearing No. 182/2010 preferred by the applicant before the learned Additional Sessions Judge, Nagpur, the learned Appellate Court partly allowed the appeal by judgment and order, dated 20/09/2011, and thereby quashed and set aside the sentence and conviction for the offence punishable under Section 506 of the Indian Penal Code, and maintained the 2 order of sentence and conviction for the offence punishable under Sections 294 and 323 of the Indian Penal Code. He further submits that the applicant was on bail during pendency of the trial as well as the appeal, and there is nothing on record to say that the applicant has violated any condition of the bail and misused the liberty granted to him. 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. In view of the submissions of learned counsel for the applicant, the sentence awarded to the applicant vide impugned judgment and order dated 20/09/2011, passed by the learned Additional Sessions Judge, Nagpur, in Criminal Appeal No. 182/2010, is suspended. The applicant be released on bail on the same terms as they were during pendency of the trial as well as the appeal, and on executing fresh bail bonds. Hence, the application is allowed and disposed of accordingly. Hamdast allowed. JUDGE *sdw