1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 858/2010 in Criminal Appeal No. 607/2010 (Sewakram @ Sewak Madhao Meshram .vs. State of Maharashtra ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.W. Sambre, Advocate for Appellant. Mrs. B.P. Maldhure, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : JANUARY 27, 2011 By this application, the applicant/accused convicted for commission of offence under Section 304 (II) of IPC and sentenced to suffer R.I. for 7 years and to pay fine of Rs.20,000/- in default to suffer R.I. for 2 years has prayed for suspension of the sentence and releasing him on bail pending hearing and final disposal of the appeal. The learned appointed counsel for the appellant urged that applicant has already undergone about half part of the substantive sentence imposed upon him and even if he deposits the entire fine amount, the amount of Rs.15,000/- from the same will be required to be retained in the Court till decision of this appeal. It is urged that the applicant is poor and not in a position to deposit the said amount and as such no fruitful purpose would be served by ordering him to deposit the entire amount of fine. It is urged that same will result only in 2 curtailing his liberty. It is further urged that the appellant is having good chances of succeeding in appeal and as such in the interest of justice, appropriate orders may be passed. The learned APP has fairly submitted that factual position pointed out by the learned counsel for the applicant regarding sentence undergone is correct. Having regard to the said submissions and since it is unlikely that the appeal of the appellant will come up for final hearing in near future, for serving ends of justice pending hearing and disposal of the appeal, the substantive sentence of imprisonment imposed upon the appellant is hereby suspended subject to depositing the fine amount of Rs.5000/- and giving an undertaking that he will deposit the further amount of Rs.15,000/- imposed by the trial Court in the event of his appeal being dismissed/rejected and further he is directed to be released on bail subject to furnishing a PR bond in the sum of Rs.25,000/- with one surety in the like amount and subject to the conditions of the applicant (i) staying at the address mentioned in the appeal memo and not changing the same without the permission of the Court, (ii) not indulging in any activity of threatening, intimidating or harassing the witnesses who have deposed against him at the trial, (iii) not committing any offence while being on bail granted vide this order and (iv) appearing before this Court at the time of final 3 hearing. The application stands disposed of. JUDGE halwai