1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPEAL NO. 114/2011 ( Virendrasingh Rampukar Khairwar .vs. State of Maharashtra through PSO Narkhed, dist. Nagpur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.K. Tiwari, Advocate for Appellant. .......... CORAM : P.D. KODE, J. DATED : MARCH 08, 2011 Heard. Admit. Mr. J.B. Jaiswal, learned APP appears for the respondent by waiving notice. Criminal APPA No.119/2011 Heard. By the present application, the appellant convicted along with co-accused for commission of offence under Section 420 of IPC and sentenced to suffer R.I. for five years and to pay fine of Rs.3,50,000/- in default to suffer further R.I. for 2 years, has prayed for suspension of sentence and releasing him on bail pending hearing and disposal of the appeal. Having regard to grounds mentioned in appeal memo and the submission made by the learned counsel for the appellant that he was on bail during the 2 pendency of the trial , the sentence being ordered of five years i.e. for fixed period and would be depositing fine amount and it is unlikely that this matter will come up for hearing early and having regard to ratio of the decision in case of Bhagwan Rama Shinde Gosai and ors. .vs. State of Gujarat reported in (1999) 4 Supreme Court Cases 421, the prayer in the application deserves consideration. Having regard to the same, pending hearing and disposal of the appeal, the substantive sentence of imprisonment imposed upon the appellant is hereby suspended subject to depositing the fine amount and further he is directed to be released on bail subject to furnishing a PR bond in the sum of Rs.1,00,000/- with two solvent sureties in the like amount and subject to the conditions of (i) staying at the address mentioned in the appeal memo and not changing the same without the permission of the Court, (ii) not indulging in any activity of threatening, intimidating or harassing the witnesses who have deposed against him at the trial, (iii) not committing any offence while being on bail granted vide this order and (iv) appearing before this Court at the time of final hearing. Hamdast allowed. JUDGE halwai