1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPEAL NO.68/2011 (Sanjay Madhukar Pund .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. R.M. Daga, Advocate for appellant, Mr. J.B. Jaiswal, APP for respondent/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 24, 2011 Heard. Perused the appeal memo and the judgment. Admit Call for R & P. Mr. J.B. Jaiswal, learned APP appears for the respondent by waiving notice. Criminal Application (APPA) No.92/2011 Heard. By the present application, the applicant/appellant convicted for commission of offence under Section 354 of IPC and so also under section 57 of the Bombay Children Act, 1948 and sentenced to suffer R.I. for 2 years and to pay fine of 2 Rs.10,000/- in default to undergo R.I. for 1 month for offence u/s 354 of IPC on first count and R.I. for 1 year and to pay fine of Rs.1,000/- in default to undergo R.I. for 1 month for offence under Section 57 of the Bombay Children Act, 1948 on second count by the I/c District Judge-1 and Additional Sessions Judge, Nagpur in Sessions Trial No.106/2009 by the judgment and order dated 9.2.2011, has prayed for suspension of sentence and releasing the applicant on bail pending hearing and final disposal of the appeal. Having regard to the submission made by the learned counsel for the applicant that he was on bail during the pendency of the trial, the sentence imposed being of 3 years, having already deposited the fine amount ordered to be paid 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 upon furnishing a PR bond in the sum of Rs.25,000/- 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. The application stands disposed of. JUDGE Gulande