1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appeal No. 521 of 2010 Prashant Ramdhar Dubey ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Sakoli, Dist. Bhandara Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. P.A.Rajurkar , Advocate for the applicant. Mrs. A.R.Taywade, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 07 th Octo ber , 2010 . Heard. Admit. Learned Advocate for the appellant/accused informs that the R & P is received in this Court and he seeks time of six weeks to file private paper book. Time is granted as prayed for. Criminal Application (APPA) No. 629 of 2010 Heard. This application has been filed by the applicant/accused for suspension of sentence and grant of bail. The applicant/accused has been convicted for the offence punishable under sections 307 and 452 of Indian Penal Code and sentenced to suffer R.I. for 5 years and to pay fine of Rs.10,000/-, in default to undergo S.I. for 6 months for the offence punishable under Section 307 IPC and to suffer R.I. for 2 years and pay fine of Rs.2000/-, in default to suffer imprisonment for 3 months for the offence punishable under Section for 452 of I.P.C. Learned Advocate for the applicant submits that there was 2 no intention of the applicant to commit the offence. The evidence on record is too short to connect the applicant with the alleged crime. There is variance in the statements of the so called witnesses. He further submits that the applicant was prosecuting his career as a Professor and there is no previous criminal antecedents at this record. Learned Advocate further submits that the applicant is the sole bread winner of the family and he has to look after his aged parents and one mentally challenged brother. Learned Advocate also submits that during the pendency of the trial, the applicant was on bail and he has not flouted any condition of the bail. He informs that the fine imposed by the trial court is already deposited by the applicant/accused. He, therefore, prayed for grant of bail to the applicant. Learned APP has opposed the application. However, considering the quantum of substantive sentence which is for a limited period and the submissions of the learned Advocate for the applicant, I am inclined to allow the application. Hence, the application is allowed. The substantive sentence of imprisonment imposed on the applicant shall stand suspended during the pendency of the appeal and the applicant/accused be released on bail on the same terms and conditions as were before the trial court with fresh bail bonds. In case of breach of those conditions, the concerned police station i.e. P.S., Sakoli to take necessary steps in accordance with the provisions of law. Criminal Application is disposed of in the above terms. JUDGE Diwale