IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1535/2009 IN CRIMINAL APPEAL NO.242/2008 (Mangal Warkhade ..vs.. State) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : 24th APRIL, 2009 Heard Shri Lohiya, Advocate for the applicant and Shri Sonare A. P. P. for state. This is an application under section 389 of Cr.P.C. for suspension of sentence and release of applicant on bail. Applicant has been convicted for the offences under section 395 r/w 397 of I.P.C. While rejecting the earlier application, this court observed that there is positive evidence that the accused are guilty of the offence of dacoity committed by use of deadly weapons like country made gun and knife. Hearing of the appeal was expedited, however, it appears that the same could not be heard. Learned counsel for the applicant submitted that the evidence against the appellant/ applicant is weak. However, this aspect can not be considered now as his earlier application has been rejected, on merits. Learned counsel for the applicant relied on the judgment of the Apex Court reported in (2005)I SCC (Cri) 757 Kamal ..vs.. State of Haryana, wherein it was observed that “We are of the view that the bail should have been granted by the High Court, especially having regard to the fact that the appellant has already served a substantial period of the sentence”. According to the applicant, he is sentenced to R.I. for 7 years and he has already undergone about four years sentence. In these circumstances, without entering into merits, relying on the judgment, particularly considering the facts referred by the learned counsel for the applicant, applicant would be entitled for bail, pending disposal of the appeal. Applicant be released on bail on furnishing surety and PRB of Rs. 2,0000/- subject to condition that he shall report to Police Station of his residence, on every first Sunday of each month, until further orders or till the appeal is disposed of. Bail in trial court. Application stands disposed of. JUDGE smp