1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL REVISION APPLICATION NO. 94 OF 2011 DWARKA SHIVRAM PANDIT ..VERSUS.. STATE OF MAHARASHTRA, THROUGH P.S.O., P.S., MANA, TAH. MURTIZAPUR, DIST. AKOLA Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. M. Bhangde, Advocate for the applicant. Mr. Bhagwan M. Lonare, A.P.P. for Respondent State CORAM : PRASANNA B. VARALE, J. DATED : 7 th SEPTEMBER , 2011 . Heard Mr. S. M. Bhangde, the learned counsel for the applicant. Issue notice to respondent/State, returnable on 28.09.2011. Mr. Lonare, the learned Additional Public Prosecutor waives notice on behalf of respondent State and seeks time to take instructions and file reply. Call for record and proceedings. CRIMINAL APPLICATION (APPR) NO. 126 OF 2011. Heard Mr. S. M. Bhangde, the learned counsel for the applicant and Mr. Lonare, the learned A.P.P. for the respondent/ State. 2 This application has been filed by the applicant/accused for suspension of sentence and grant of bail. The appellant has been convicted for the offence punishable under section 325 of Indian Penal Code and sentenced to suffer simple imprisonment for One year and to pay fine of Rs.500 in default to undergo S.I. for One month. Mr. Bhangde, the learned counsel for the applicant submitted that the applicant has raised various grounds in the revision application to challenge the orders passed by the learned Courts below and the applicant has very good case on merits. The learned counsel for the applicant further submitted that on the given evidence and circumstances, the learned Courts below acquitted the other accused persons and convicted the applicant. He further submits that the applicant is a Railway employee and the sole earning member of the family. According to him, considering the sentence awarded to the applicant, which if of one year, can be termed as short sentence and it will take considerable time to decide and dispose of the present revision application. The learned counsel for the applicant further submitted that during the pendency of the proceedings before the trial and the appellate Court, the applicant was on bail and there is nothing on record to show that the applicant had misused the liberty granted to him, in any manner. The learned counsel, therefore, prays for suspension of sentence and releasing the applicant on bail. Perused the impugned orders. In view of the submissions of the learned counsel for the applicant, the criminal application is allowed. 3 The substantive sentence shall stand suspended during the pendency of the revision application. The applicant be released on bail on the same terms and conditions as were before the lower Court with fresh bail bonds. Criminal Application (APPR) No. 126 of 2011 is disposed of. Hamdast permitted. JUDGE Diwale