1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.909/2010 IN CRIMINAL APPEAL NO.649/2010 (Tejrao Malku Warkhade .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Manoj P. Kariya, Advocate for applicant/appellant, Mr. A.S. Sonare, APP for respondent/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 25, 2011 Heard. By the present application, the applicant/appellant convicted for commission of offences under Sections 304 Part 2 and 429 of the Indian Penal Code respectively and sentenced to suffer R.I. for 5 years and to pay a fine of Rs.7,000/- in default to undergo R.I. for 1 year for offence u/s 304-II of IPC on first count and R.I. for 3 years and to pay a fine of Rs.3,000/- in default to undergo R.I. for 6 months for offence u/s 429 of IPC on second count by the Ad-hoc Additional Session Judge-2, Nagpur in Sessions Trial No.276/2008 by the judgment and order dated 2.7.2009, has prayed for suspension of sentence and releasing him on bail pending hearing 2 and disposal of the appeal. Having regard to the grounds mentioned in the application and the reasons for which the appeal is admitted and the character of the evidence regarding ownership of lands in which the death had occurred due to electricity being circulated in the fencing of the same and/or nexus of the applicant with the said lands, submission of the learned counsel for the applicant that he has good chances of success in appeal, prima facie, cannot be said to be devoid of merit after perusal of record and proceeding. Having regard to the same and having regard to the fact that the applicant/appellant has already undergone 1 year and 7 months and it is unlikely that appeal would come up for hearing immediately in near future, the prayer made in the application deserves consideration. In said premises, pending hearing and disposal of the appeal, the substantive sentence of imprisonment imposed upon the applicant/appellant is hereby suspended and the applicant/appellant is directed to be released on bail subject to depositing entire fine amount in the trial Court and subject to furnishing a PR bond in the sum of Rs.50,000/- with two sureties in the like amount and subject to the conditions of the applicant : (i) staying at the address mentioned in the appeal memo and not changing the same without the permission of the Court, (ii) not indulging in any activity of threatening, 3 intimidating or harassing the witnesses who have deposed against him at the trial, (iii) not committing any offence while being on bail granted vide this order and (iv) appearing before this Court at the time of final hearing. Application stands disposed of. JUDGE Gulande