1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 3033 OF 2009 Dattu S/o Punjaram Marekar ... Applicant V E R S U S The State of Maharashtra ... Respondent ... Mr. V.D.Sapkal, Advocate for applicant . Mr. K.G.Patil, A.P.P. for respondent-State. ... CORAM : P.V.HARDAS AND A.V.NIRGUDE,JJ Date : 13th NOVEMBER,2009 PER COURT 1. This is an application, by which the applicant prays for suspending the substantive sentence of rigorous imprisonment for seven years, for the offence punishable under section 394 read with section 397 of the Indian Penal Code. 2. The appellant stands convicted by the Adhoc Additional Sessions Judge-1 Jalna, by judgment dated 07.08.2009, for the offence punishable under sections 394 read with section 397 of the 2 Indian Penal Code, and stands sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5000/-, in default to undergo further rigorous imprisonment for one month, in the event of non payment of fine. 3. The applicant has filed an appeal questioning the correctness of his conviction and sentence. The appeal is of the year 2009 and it came to be admitted by this Court on 9th September, 2009. It appears that the State has filed an appeal for enhancement of the sentence. 4. Be that as it may. The applicant is sentenced for short period and has already undergone sentence of nine months and the applicant was on bail during trial, we are inclined to allow this application for suspending his substantive sentence of imprisonment and release the applicant on bail on certain conditions. 5. The Criminal application No.3033 of 2009 is 3 accordingly allowed. The substantive sentence and imprisonment stands suspended. The applicant is released on bail on furnishing P.R. in the sum of Rs.20,000/- (Rs. Twenty Thousand) and solvent surety of like sum, to the satisfaction of the trial court. The applicant shall furnish his permanent residential address to Police Station, Kadim Jalna within two weeks of his release. In addition thereto, the applicant shall attend the Police Station Kadim Jalna, once in a month on first Saturday of each month between 8.00 a.m to 9.00 a.m. We direct the authority of Police Station Kadim, Jalna to maintain the record in respect of attendance of the applicant and report any interruption of the terms. 6. The application is allowed, as indicated above. 7. Hamdast granted. ( A.V.NIRGUDE, J.) ( P.V.HARDAS, J.) MTK/Cri.3033.09