1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR Cr. Application No.2013/2009 in Criminal Appeal No. 646/2005 State of Mah. Vs. Pradeep @ Balya s/o Nilkant Wanjari Office Notes, Office Memoranda of Coram, appearances, Court’s orders of directions Court’s or Judge’s orders and Registrar’s orders Coram : A.P. Lavande & Prasanna B.Varale, JJ. Dated : 19th June, 2009. Heard Mr. O.K. Masurkar, learned counsel for the applicant and Mr. Mujumdar, learned APP for the respondent. Criminal Appeal No. 646/2005 has been preferred by State of Maharashtra challenging the acquittal of the applicant for offence punishable under Section 302 of the Indian Penal Code by judgment and order dated 30th March, 2005 passed by Additional Sessions Judge, Nagpur in Sessions Trial No. 119/1999. This Court by order dated 7th April 2006 granted leave to file appeal and ordered action under Section 390 Code of Criminal Procedure. It appears that at the relevant time the applicant was facing trial under the MOCCA and as such he could not be released although order under Section 390 of the Code of Criminal Procedure was passed by this court while admitting the appeal. It is the case of the applicant that the applicant has been acquitted in the said MOCCA case and presently the applicant is not in jail or in custody in any other criminal case. 2 Therefore, the applicant seeks bail pending hearing and final disposal of Criminal Appeal No. 646/2005. According to Mr. Mujumdar, there are nine cases pending against the applicant and, therefore, in the event, the applicant is released on bail, appropriate conditions be imposed on the applicant. Since order under Section 390 of the Code of Criminal Procedure was passed by this Court on 7.4.2006, we deem it appropriate to release the applicant on bail, subject to the applicant executing bail bond in the sum of Rs. 10,000/- (Rs. Ten thousand only) with two sureties in the like amount to the satisfaction of Registrar (Judicial) of this court and subject to the following conditions:- (i) The applicant shall appear at Sakkardara Police Station on every Monday between10.00 a.m. to 12.00 a.m., (ii)The applicant shall not indulge himself in any criminal activities during pendency of the appeal, (iii)The applicant shall remain personally present in this Court at the time of final hearing of Criminal Appeal No. 646/2005. Application stands disposed of in the aforesaid terms. JUDGE JUDGE Ambulkar