Sunil S/O Laxmanrao Zape (In Jail) v. The State Of Maharashtra, Through P.S.O. Chandur Railway, Amravati

2306apeal376.15.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 689 OF 2015 IN/AND CRIMINAL APPEAL NO. 376 OF 2015 (Sunil Laxmanrao Zape Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. J. B. Kasat, Advocate for the applicant/appellant. Mr. R. S. Nayak, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 23 JUNE, 2016 Heard.

Considering the ocular evidence and the medical evidence, which has been discussed in the judgment impugned in this appeal, as seen from the discussion made in paragraphs-12, 14, 17 and 44 and also considering the fact that this appellant was on bail during trial, I am inclined to grant this application.

The application is allowed.

Substantive sentence of imprisonment awarded to the appellant for an offence punishable under Section 307 of the Indian Penal Code is hereby suspended till final disposal of the appeal. The appellant shall be released on bail on his furnishing P.R. Bond of Rs. 20,000/- together with one solvent surety in the like amount subject to the conditions that the applicant shall pay fine amount, if not paid, and that he shall attend this Court as and when required. JUDGE wwl