1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 794 of 2010 in Criminal Appeal No. 603 of 2010 Anil Sureshrao Zode ..vs.. State of Maharashtra, through P.S.O., P.S., Arvi, Dist. Wardha. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Mahesh Rai, Advocate for the applicant. Mr. C.N.Adgokar, APP for the Respondent/State. CORAM : Prasanna B. Varale, J. DATED : 23 rd Novem ber , 2010 . Heard. This is an application filed by the applicant for suspension of sentence and grant of bail during the pendency of the appeal. The applicant has been convicted in Special Case No. 1/2009 for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for which he is sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.25,000/- in default he is directed to undergo R.I. for six months. Learned Advocate for the applicant has submitted that the applicant has raised substantial grounds and having good case in his favour. The main ground raised is non-observance of the mandatory provisions of the N.D.P.S. Act. Learned Advocate further submitted that in view of the judgments of the Apex Court as well as this Court, the failure in following the mandatory provisions is a good ground available to the appellant/applicant. Learned Advocate also informed 2 that during pendency of the trial, the applicant was on bail and there is no complaint of committing breach of any condition at the hands of the applicant. Learned Advocate further submitted that the applicant/appellant is a young boy and he is the sole bread winner of his family. He, therfore, prayed for suspension of the sentence and grant of bail to the applicant. Learned APP has strongly opposed the application. However, considering the submissions of learned Advocate for the applicant and the fact that the quantum of substantive sentence which is for a limited period, I am inclined to allow the application. In the result, the application is allowed. The substantive sentence of imprisonment imposed on the applicant shall stand suspended during the pendency of the appeal and the applicant/accused be released on bail on the same terms and conditions as were before the trial court with fresh bail bonds. In case of breach of those conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Criminal Application is disposed of in the above terms. Hamdast permitted. JUDGE Diwale