-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 129 OF 2009 CRIMINAL APPLICATION NO. 129 OF 2009 CRIMINAL APPLICATION NO. 129 OF 2009 IN IN IN CRIMINAL APPEAL NO. 19 OF 2009 CRIMINAL APPEAL NO. 19 OF 2009 CRIMINAL APPEAL NO. 19 OF 2009 Yogesh Mukund Kale .. Applicant. V/s. The State of Maharshtra .. Respondent. --- Mr.S.V. Marwadi with Ms. Sunita Sharma for the Applicant. Mr. A.S.Shitole, APP for the State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 19TH MARCH, 2009 DATED : 19TH MARCH, 2009 DATED : 19TH MARCH, 2009 P.C. :- P.C. :- P.C. :- 1. The Application is taken out for enlarging the applicant on bail during pendency and final disposal of the criminal appeal no.19/2009. 2. The applicant alongwith the original accused nos. 2, 3 and 4 was charged for the offence punishable under sections 498/A, 306 and 304-B of the Indian Penal Code. The applicant was convicted and sentenced to suffer R.I. for 3 years, 5 years and 10 years respectively. The original accused nos. 2, 3 and 4, however, came to be acquitted of all the charges. -: 2 :- 3. The prosecution evidence discloses that the families of the complainant and the accused are well placed. The evidence further discloses that the family of the accused owns two flats, factory at Bhoisar and three cars. The prosecution tried to establish demand of dowry by examining PW-1, the complainant. The PW-1, the complainant testified that in the year 2005, the deceased told her that her father in law is demanding flat. However, deceased committed suicide on 20th August, 2006. The PW-1, complainant also in cross admitted that false complaint is lodged against the accused persons as her sister committed suicide. The applicant was on bail during the pendency of trial. The appeal is of the year 2009 and it is not likely to reach for final hearing in near future. 4. Taking over all view of the matter, the case for bail pending the final hearing is made out. I, therefore, dispose of the present application by passing the following order. ORDER ORDER ORDER i. During the pendency and final disposal of the appeal, the substantive sentences imposed under the -: 3 :- impugned judgement and order on the applicant are suspended and the applicant is released on bail on execution a bail bound in the sum of Rs. 25,000/- with one or two surety in the like amount to the satisfaction of the Additional Sessions Judge, Palghar. ii. The applicant shall deposit payment of fine if not deposited earlier before execution of bail bond. iii. The applicant shall remain present at the time of final hearing of the appeal. (R.V.MORE,J.) .....