1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABA CRIMINAL APPLICATION NO.2180 OF 2009 IN CRIMINAL APPEAL NO.306 OF 2009 1 Anis Vikhar Ahmad Jahagirdhar 2 Mahefooj Vikhar Ahmad Jahagirdar Applicants Versus The State of Maharashtra Respondent Mr.S.J.Salgare, advocate holding for Smt.S.S.Jadhav, advocate for applicants. Mrs.S.S.Autade, A.P.P. for Respondent. CORAM: R.M.BORDE, J. DATE : 03rd July, 2009. P.C.: 1 Heard Mr.S.J.Salgare, learned Counsel holding for Smt.S.S.Jadhav, advocate for applicants and Mrs.S.S.Autade, learned A.P.P. For the Respondent. Applicants, who are convicted for offence punishable under Section 304-II and 326 read with Section 34 of I.P.C. and are sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.4000/-, in default, to suffer rigorous imprisonment for 18 months, each on both the counts, pray for suspension of substantive sentence during the pendency of appeal and for releasing them on bail. It transpires that accused no.1 is in jail since 07.11.2005 and 2 has almost completed period of imprisonment. In this view of the matter, considering the sentence imposed by the trial Court, substantive sentence of imprisonment imposed against accused-applicants needs to be stayed and they are liable to be released on bail. Criminal Application is, thus, allowed. The order of sentence of imprisonment imposed against accused-applicants by Ad hoc Additional Sessions Judge-III, Latur, on 20.05.2009 in Sessions Case No. 18/2006, stands suspended, during the pendency of appeal and accused – applicants are directed to be released on bail on their furnishing bail bond of Rs.10,000/- (Rs.Ten thousand) each with one surety in the like amount. Bail before the trial Court. Criminal Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/criappln2180.09