1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2684 OF 2010 IN CRIMINAL APPEAL NO.258 OF 2010 Sakharam Haribhau Gunjal and others. ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.Salgare holding for Mrs.S.S. Jadhav, advocate for applicants Mr.S.D. Kaldate, A.P.P. for respondent. ..... CORAM : SHRIHARI P. DAVARE,J DATE : 19th July, 2010. PER COURT : 1. Heard Mr.Salgare holding for Mrs.S.S. Jadhav, learned counsel for applicants as well as Mr.S.D. Kaldate, learned A.P.P. for respondent. 2. I have heard learned counsel for the parties in Criminal Appeal No.258 of 2010 and admitted the said appeal by passing separate order therein. 3. This is an application preferred by applicants (original accused) seeking their enlargement on bail pending hearing and final disposal of Criminal Appeal no.258 of 2010, which has been filed by applicants, 2 challenging the conviction and sentence inflicted upon them by way of judgment and order dated 22nd June, 2010, rendered by learned Additional Sessions Judge, Sangamner, in Sessions Case No.8 of 2006, convicting the applicants under Section 325 r/w 34 of the Indian Penal Code and directing them to suffer R.I. for one year each and to pay fine of Rs.500/- each, in default, to suffer S.I. for one month and also convicting them under Section 323 r/w 34 of the Indian Penal Code and directing them to suffer R.I. for one month each and to pay fine of Rs.250/- each, in default, to suffer S.I. for 15 days, and also convicting them under Section 504 r/w 34 of the Indian Penal Code and directing them to suffer R.I. for three months each and to pay fine of Rs.250/- each, in default, to suffer S.I. for 15 days, also convicting them for the offence punishable under Section 506(i) r/w 34 of the Indian Penal Code and directing them to suffer R.I. for three months each and to pay fine of Rs.250/- each, in default, to suffer S.I. for 15 days and the substantive sentences were directed to be run concurrently. 4. Learned counsel for applicants submits that applicants have been awarded short term sentences and learned Trial Court has suspended the said sentences till 20th July, 2010 and enlarged the applicants on bail during the pendency of trial and all of them have deposited their respective fine amount imposed upon them before the trial Court. Learned counsel for applicants further submits that applicants have not misused the liberty of bail which was granted to them during the pendency of trial and therefore, 3 the applicants are entitled to be enlarged on bail pending hearing and final disposal of Criminal Appeal filed by them by suspending their substantive sentences. 5. Mr.S.D. Kaldate, learned A.P.P. opposed the application and submitted that the present application bears no substance and same is devoid of any merits and is liable to be rejected. 6. After considering the rival submissions advanced by learned counsel for the parties, since applicants were on bail during pendency of the trial and apparently they have not mis-used the said liberty granted to them as contended by learned counsel and since the applicants have deposited their respective fine amount before the trial Court as contended by learned counsel for applicants and since the appeal filed by applicants has been admitted and it is not likely to be taken for final hearing immediately in near future therefore, they are entitled to be enlarged on bail during pendency of Criminal Appeal No.258/2010 by suspending the substantive sentences. 7. In the result, present application is allowed and bail granted to applicant nos.1 to 4 by learned trial Court stands continued on the same terms and conditions during the pendency of hearing and final disposal of Criminal Appeal No.258/2010 by suspending the substantive sentences but 4 on executing fresh P.R. bond by each of them in connection with C.R. No.I-239/2005 registered with Sangamner Taluka Police Station with additional condition that the applicants shall report before the Incharge of Sangamner Taluka Police Station once in a quarter till the disposal of the Criminal Appeal No.258/2010. (SHRIHARI P. DAVARE) JUDGE gas/cri2684.10