1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2717/2009 in CRIMINAL APPLICATION NO.2718/2009 IN CRIMINAL APPEAL NO. 365 /2009 (Vilas Suryabhan Bokade vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr A A Naik, Adv.for applicant Mr D P Thakare, APP for Respondent *** C ORAM : A.P. BHANGALE, J. DATED : 12 th October, 2 009. Cri. Appln.No.2718/21009 Criminal Application is allowed. Affidavit is dispensed with as the applicant/ appellant is in jail. Cri.Appln.No.2717/2009 1. By this application the applicant prays for suspension of substantive sentence of imprisonment and grant of bail, pending hearing and final disposal of the appeal on the ground that the learned trail Court failed to appreciate the fact that accusation against the applicant that he had used axe in order to assault the injured; although it is in evidence of Vanita(PW 7) that applicant /appellant assaulted the complainant with an axe on the head and there was no finding of blood-stains on the axe. It is further contended that the applicant is hopeful of success in the appeal and if the substantive sentence of imprisonment is not suspended, the applicant would suffer grave and irreparable loss as he would remain in jail even though he may be ultimately acquitted for the charges. 2 2. Learned APP opposed the prayer on the ground that stick with blood stains was found. Be that as it may; arguable case appears to have been made out for suspension of substantive sentence of imprisonment. Hence Criminal Application is allowed. The applicant was on bail during the trial. Same bail with fresh bonds to the satisfaction of the trial Court. Criminal Appeal No. 365/2009 Admit. Call R & P. JUDGE. sahare