2809apeal397.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO. 397 OF 2011 and CRIMINAL APPLICATION (APPA) NO. 527/2011 (Udaybhan Pandurang Shambharkar Vs. The State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................................ .. Mr. A. C. Jaltare, Adv. for the appellant. Mr. P. D. Kothari, A.P.P. for the State. CORAM : U. V. BAKRE, J. DATED : 28TH SEPT., 2011 Heard. It is seen that in the dying declaration dated 29/9/2007 which is at Exh.57-A, the deceased had told the Executive Magistrate that the incident had occurred accidentally. There are, therefore, arguable points. Hence, Admit. Learned A.P.P. Shri Kothari waives service on behalf of the respondent-State. Call for R. & P. APPA NO. 527/11 :- The applicant has been sentenced for Section 304B of I.P.C. to suffer R.I. for 7 year and to pay fine of Rs.10,000/-; for Section 498-A of I.P.C. to suffer R.I. for 1 year and to pay fine of Rs.2,000/- and lastly for Section 306 of I.P.C. to suffer R.I. for 3 years and to pay fine of Rs.5,000/-. The substantive sentences have been ordered to run concurrently. 2809apeal397.11.odt 2/2 It has been already held that there are arguable points in the matter. The applicant was arrested on 16/10/2007 and was released on bail during trial on 9/4/2008. On the date of judgment i.e. on 20/7/2011, the applicant was taken in to custody and is in jail. Thus, he has undergone imprisonment for more than six months. It is not the case that the applicant has abused the liberty that was granted to him during the trial. The final disposal of the appeal may take long time and thus there is valid consideration for grant of bail pending hearing of the appeal. In the result, the application is partly allowed. The operation of impugned sentence of substantive imprisonment is suspended until the final disposal of the appeal. The applicant shall however deposit the fine amount of Rs.17,000/- before the trial Court and shall execute personal recognition bond in the sum of Rs. 25,000/- with one solvent surety in the like amount. The above shall be condition precedent for suspension of the substantive sentence. The application stands disposed of accordingly. JUDGE wwl