IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1402/2009 in CRIMINAL APPEAL NO. 237/2009 [Arun Gabhji Pakade and others ..vs.. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 3 rd JULY, 2009 Heard Miss. Pragati Yerlekar, Advocate, for the applicants/ appellants and Shri Sonare, APP, for respondent State. This is an application under Section 389 of Cr.P.C for suspension of sentence and grant of bail during pendency of the trial. The appellants are stated to be on bail during the trial. There are no allegations of abusing the bail. They have deposited fine amount in the trial Court. The question is whether the substantive sentence imposed against the applicants should be suspended. The allegations against the applicants are regarding causing the death of one Ramdas Pingle. It is alleged that he had entered the house of the appellants in the night hours and molested the appellant no. 3. The case of the appellants is that they have exercised the right of private defence. Considering totality of the circumstances, it is necessary to suspend the sentence during the pendency of their appeal. On furnishing bail of Rs.25,000/- with one surety and P.R.Bond in the trial Court, the substantive sentence imposed against the appellants by the trial Court shall stand suspended till the disposal of the appeal. The trial court to verify, whether the fine is deposited. If it is not deposited, the release of the applicant shall be subject to deposit of fine. Bail in trial Court. Hamdast granted. JUDGE Rvjalit