1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.201/2009 (APPA) In Criminal Appeal No.488/2009 [Janardhan Vithobaji Berad .vrs. 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, Advocate for appellant, Mr. D.P. Thakre, APP for respondent. .......... CORAM : P.D. KODE, J. DATE : NOVEMBER 07, 2009. Heard. By the present application, accused/appellant convicted for commission of offence punishable under Section 7 & 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act and sentenced to suffer R.I. for two years on both counts and so also order to pay fine of Rs.10,000/- on both counts by learned Special Judge, Chandrapur vide judgment and order dated 9.10.2009, has prayed for suspending the sentence imposed and for releasing him on bail during the pendency of appeal. 2 Learned counsel for appellant has stated that the appellant was throughout on bail during the proceeding before the trial court. Learned APP has said that he is objecting the application in view of conviction being recorded after taking into consideration the evidence surfaced at the trial. After giving thoughtful consideration to the submission advanced and having regard to the fact that the appellant was throughout on bail during proceeding before the lower court, the nature of accusation, grounds stated in appeal memo and no particular circumstance other than mentioned hereinabove being pointed by the prosecution for not accepting the prayers in the application; and the circumstance pointed out by itself being insufficient to deny the bail in view of the appeal being admitted against the judgment and order of conviction and sentence based upon the evidence at trial, the prayers in the application deserves to be accepted. Hence, the order : The substantive sentence of imprisonment passed by lower court is hereby stayed subject to the appellant depositing entire amount of fine. Furthermore, the accused/appellant is ordered to be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/- (Rs. 3 Fifteen thousand only) with one surety in like amount. Bail in lower court. CA stands disposed of. Hamdast allowed. JUDGE Gulande