1 crap1301.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1301 OF 2011 IN CRIMINAL APPEAL NO. 149 OF 2011 Ravindra Kamlakar Kulkarni and ors. ...Applicants VERSUS The State of Maharashtra & anr. ...Respondents ..... Shri N.S.Ghanekar, advocate for applicant Smt. Y.M.Kshirsagar, A.P.P. for respondent no.1/State ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 31 st March, 2011 PER COURT : 1 Heard Shri N.S.Ghanekar, advocate for applicant and Smt. Y.M.Kshirsagar, A.P.P. for respondent no.1/State. 2 This is an application preferred by the applicants (original accused nos. 1 to 3), seeking bail, pending hearing and final disposal of Criminal Appeal No. 149 of 2011, suspending the substantive sentences inflicted upon them by the learned Additional Sessions Judge-3, Aurangabad, by the judgment and order, dated 9.3.2011, thereby 2 crap1301.11 convicting each of the them for the offence punishable under Section 326 of the Indian Penal Code and sentencing each of them to suffer R.I. for 3 years and to pay fine of Rs. 70,000/- in default of payment of fine, to suffer further R.I. for one year and also directing that out of the said fine amount, if recovered, amount of Rs.2,00,000/- be given to the victim Shriprasad Ashokrao Khoche, resident of Brahman Galli, Gangapur, District Aurangabad, as compensation under Section 357 of the Code of Criminal Procedure. 3 Learned counsel for the applicants submits that the applicants were on bail during the trial and they have not misused the said liberty granted to them. Learned counsel for the applicants further submitted that the applicants nos. 1 and 2 have deposited the fine amount of Rs. 35,000/- each and applicant no. 3 has deposited fine amount of Rs. 30,000/- before the Trial Court and the Trial Court was pleased to suspend the payment of balance fine amount and granted bail to the applicants, which is effective till 7.4.2011. 4 I have admitted Criminal Appeal No. 149 of 2011 preferred by the applicants today only by passing the order separately therein. Moreover, it is apparent that there is no likelihood of taking up the said appeal for final hearing in near future, and hence, present application deserves to be allowed. Besides that, the substantive sentences awarded to the applicants are short term sentences, and therefore, present application is required to be granted. 3 crap1301.11 5 In the circumstances, having the comprehensive view of the matter, present application deserves to be allowed. 6 In the result, present application is allowed and it is directed that the applicant nos. 1 to 3 be released on bail, on the same terms and conditions on which they were granted bail by the Trial Court, pending hearing and final disposal of Criminal Appeal No. 149 of 2011, suspending the substantive sentences inflicted upon them by way of judgment and order, dated 9.3.2011, but by executing fresh bonds and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1301.11