(1) Cri. Application No. 3261 of 2011 (In Cri. Appeal No. 389 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3261 of 2011 (In Criminal Appeal No. 389 of 2011) Irfan s/o. Shaban Tamboli, Age : 25 years, Occupation : Labour, R/o. Palaskheda Mirachi, .. Applicant/ Taluka : Jamner, Appellant District : Jalgaon. (Original accused) versus The State of Maharashtra, Through the officer Incharge of Police Station, Jamner, Dist. : Jalgaon. .. Respondent. ....................... Mr. Ajay T. Kanawade, Advocate, holding for Mr. S.B. Talekar, Advocate, for the applicant. Smt. Y.M. Kshirsagar, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 29TH JULY 2011 (2) Cri. Application No. 3261 of 2011 (In Cri. Appeal No. 389 of 2011) COURT'S ORDER : 1. Heard learned Counsel for the parties. 2. Issue notice to the respondent. 3. Learned APP Smt. Y.M. Kshirsagar accepts notice for the respondent. 4. This is an application preferred by the applicant / appellant (original accused) seeking bail pending hearing and final disposal of Criminal Appeal No. 389 of 2011, suspending the substantive sentence imposed upon him, by way of judgment and order dated 30-6-2011. It appears that the applicant was convicted and sentenced by judgment and order dated 30-6-2011, rendered by the learned Additional Sessions Judge, Jalgaon, in Sessions Case No. 68 of 2009, thereby convicting him for the offence punishable under Section 307 of Indian Penal Code, and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 15,000/-, in default of payment of fine, to suffer further rigorous imprisonment for three months, and also directing that out of the said fine amount, Rs. 10,000/- be paid to victim Gopal. (3) Cri. Application No. 3261 of 2011 (In Cri. Appeal No. 389 of 2011) 5. The applicant has questioned the said conviction and sentence by filing Criminal Appeal No. 389 of 2011, which has been admitted by me by passing order therein separately today only. 6. It also appears that the applicant was on bail during the course of trial and there is no grievance of the respondent that he misused the said liberty. It further appears that after conviction, learned trial court by order dated 30-6-2011, suspended the substantive sentence inflicted upon the applicant, for a period of 30 days i.e. period of appeal. Moreover, it is apparent that there is no likelihood that the appeal filed by the applicant would be taken up for final hearing in the near future. So also, the substantive sentence inflicted upon him is of 3 years which is a short term sentence. Hence, in the said facts and circumstances, present application deserves to be allowed. 7. In the result, present Criminal Application is allowed, and it is directed that the applicant, namely, Irfan s/o. Shaban Tamboli, be released on same bail, but on furnishing fresh bond, with the Trial Court, pending hearing and final disposal of Criminal Appeal No. 389 of 2011, suspending the substantive (4) Cri. Application No. 3261 of 2011 (In Cri. Appeal No. 389 of 2011) sentence imposed upon him, by way of judgment and order dated 30-6-2011, on condition that he shall give attendance before the Trial Court once in a quarter till disposal of the said appeal, and the present Criminal Application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3261