1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 412/2009 IN Criminal Appeal No. 582/2009 [ Mahada @ Sakharam s/o Bhanudas Shelke vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. S V Sirpurkar Adv.for applicant/s Mr C N Adgokar,APP for Respondent. .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 6, 2010. Heard. Learned Advocate for the applicant submitted that the conviction by the impugned judgment and order was for a fixed period of four years and fine, recorded for offence punishable under section 511 read with Sec. 376 IPC. It is further contended that the applicant is aged about 55 years, resident of Shelgaon Tq.Mehkar Dist. Buldana and is an old man. He was also granted benefit of bail during the pendency of the trial. He is ready and willing to provide sureties as may be directed by this Court. 2. Learned APP objected suspension of sentence. Learned Advocate for the applicant has brought to my notice recent rulings in Angana and another vs. State of Rajasthan (2009 ) 3 SCC 767 which made reference to earlier ruling in Kirankumar vs. State of U P 2 reported in 2001 (9) SCC 211 as also Bhagwan Rama Shinde vs. State of Gujarat reported in 1991 CRI L J 2568 so as to argue that if sentence is not suspended pending hearing and disposal of the appeal the appeal itself may become infructuous as it is not likely to be heard within a short period, during which the applicant will have to undergo imprisonment, awaiting hearing of his appeal. Hence, considering the rulings as also fixed period of imprisonment, the application is allowed. The substantive sentence of imprisonment is suspended, pending hearing and disposal of the appeal, provided that the amount of fine shall be paid. The applicant shall be on bail during hearing and final disposal of the appeal, in the sum of Rs. 20,000 with one or more sureties in equal amount to the satisfaction fo the trial Court. 3. Admit. Call R & P. JUDGE sahare