1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2969 of 2009 Lalita v. State of Maharashtra ----------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms Smita Singalkar, Adv for appellant Ms R. Wasnik, APP for State Coram: A.P. Bhangale, J Dated : 24th September 2009 1. Criminal Application No. 2969 of 2009 : Considering the extent of delay which is only three days, application is allowed. Delay caused in filing appeal is condoned. Office to register appeal and application for suspension of sentence and grant of bail. 2. Cri. Appeal of 09 : Heard learned counsel for parties. Admit. Call for R & P. Office to prepare book. Ms R. Wasnik, learned APP waives service on behalf of State. 3. Cri. Application No. of 2009 : Appellant who is original accused no. 1, is convicted for the offences punishable under Sections 323 and 328 read with Section 34 of the Indian Penal Code and maximum jail sentence of five years has been imposed on him. Learned counsel for appellant submits that appellant has paid fine amount. It is well-settled position of law that when a convicted person is sentenced to fixed period of 2 sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances, otherwise, the very valuable right of appeal would be an exercise in futility by efflux of time. 4. Substantive sentence of imprison is suspended. Appellant be released on bail upon executing PR Bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the trial Court. Application disposed of. Hamdast granted. Judge. hsj