1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appeal No.414/2011 Anis @ Sadik Hamid Khan and others ..vs.. State of Mah Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. E.W. Nawab , Advocate for the Applicant Mr. S.S. Doifode , A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 12.10.2011. 1. Heard. 2. It is seen that the appeal filed by one of the co-accused of the same case has been already admitted. 3. Admit. 4. Call R & P. Criminal Application (APPA) No.593/2011 1. This is a case of dacoity in a running train. The applicants - original accused nos. 4,6 & 7, along with other co-accused have been convicted and sentenced for offence punishable under sections 395 read with section 397 of the Indian Penal Code to undergo rigorous imprisonment for seven years and to pay fine of Rs.5000/-, each. 2. The applicants were arrested on 2.4.2010 and since then they were in custody and presently are in jail. 3. Learned advocate Shri Nawab argued that there is doubt about identity of the applicants since in the cross-examination, P.W.1 has stated that the culprits who were of 20-25 years age and one of 30-35 years of age, had covered their faces with handkerchief and he could not see their faces. Shri Nawab, learned counsel, has relied upon Kiran Kumar ..vs.. 2 State of M.P. [2002 SCC (Cri)1017] wherein the Apex Court has held that normal rule is that when the appeal of a person convicted and sentenced is pending, the sentence passed on him should be suspended unless any exceptional reason existing therein requires denial of the same. 4. In the present case the respondent has filed reply, resisting the application. But no exceptional reason has been shown for denial of bail to the applicants. 5. Considering the fact that final disposal of the appeal may take long time, I am of the view that the applicants should be granted bail by suspending operation of the impugned sentence, however with appropriate conditions. 6. The application is therefore allowed. The execution of the impugned sentence passed against the applicants is suspended until final disposal of the appeal. Each of the applicants shall deposit the fine amount of Rs.5000/- before the trial Court at the time of furnishing the bail bond with surety. The applicants shall be released on bail upon execution of personal recognition bond by each of the applicant, in the sum of Rs.30,000/-(rupees thirty thousand) with one solvent surety in the like amount under the following conditions: a) The applicants shall attend the Railway Police Station, Nagpur once in every fortnight i.e. on every Sunday of the fortnight. b) Either the applicants or their advocate on record shall attend every date of hearing of the present appeal. Hamdast granted. JUDGE SMP