1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (APPA) No.47/2011 in Criminal Appeal No.18/2011 ( Rajesh s/o Kisanrao Mate ..Vs.. The State of Maharashtra, through its P.S.O., Dhantoli, Distt. Nagpur. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.M. Daga, Adv. for applicant. Mr. D.B. Patel, A.P.P. for respondent. CORAM : M.N. GILANI J. DATE : 10.6.2011. Heard learned counsel for the applicant and learned A.P.P. for the respondent. This is an application under section 389 of the Criminal Procedure Code for the suspension of substantive sentence, awarded to the applicant for the offence punishable under section 304-B, 306, 498-A of the Indian Penal Code and under section 4 of the Dowry Prohibition Act. It is evident form the judgment that the applicant was on bail during trial. The deceased had left a note before committing suicide. From the same, ingredients of offence punishable under section 306 are attracted. It is contention of learned counsel for the applicant that there is no material available on record to justify conviction under section 304-B and in any case there cannot be simultaneous 2 convictions under sections 306 and 304-B of the Indian Penal Code. Learned A.P.P. opposed the release of the applicant on bail. Since the accused was on bail during trial, there are no chances of he being not available whenever called by the Court, during pendency of this appeal. In this view of the matter, the imposition of the substantive sentences is suspended subject to applicant’s furnishing P.R. bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two sureties in the like amount with condition that he shall attend the police station once in three months, till the appeal is finally disposed of. JUDGE Tambaskar.