1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.756 OF 2010 IN CRIMINAL APPEAL NO.82 OF 2010 Gopal @ Shashikant Dhoman Ahire .. Applicant Appellant (Orig.Accused No.2) Versus The State of Maharashtra .. Respondent Mrs.S.S.Jadhav, Advocate for applicant/appellant Shri K.S.Patil, A.P.P. for respondent-State CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ DATE : 25th February 2010 PER COURT : 1. This is an application by the applicant/original accused No.2 who seeks suspension of the substantive sentence of imprisonment of three years for an offence punishable under Section 452 of the Indian Penal Code as recorded by the Additional Sessions Judge, Amalner, by judgment dated 21.1.2010, in Sessions Case No.21/2008. The present applicant has filed appeal along with the original accused No.1 who stands convicted for an offence punishable under Sections 302, 307 and 452 of the Indian Penal Code. The present application is filed only by original accused No.2 who stands convicted for an offence punishable under Section 452 of the Indian Peal Code. The appeal filed by the applicants has been admitted by this Court today. 2 2. In the light of the short term sentence of three years and the fact that the applicant was on bail during trial and the trial Court had suspended the sentence under Section 389 of the Code of Criminal Procedure and also in the light of the fact that there is no likelihood of the appeal being decided immediately, we are inclined to allow the application and suspend the substantive sentence of imprisonment of the applicant/original accused No.2, Gopal @ Shashikant Dhoman Ahire. 3. Accordingly, this application is allowed and the substantive sentence imposed on the applicant/original accused No.2 stands suspended and the applicant be released on bail on the applicant furnishing P.R. bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial Court. Bail to be furnished before the trial Court. Application allowed accordingly. ( SHRIHARI P. DAVARE, J.) ( P.V. HARDAS, J.) (vvr/756.10criappln)