(1) Cri. Application No. 5404 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 5404 of 2011 (In Criminal Appeal No. 650 of 2011) Balu s/o. Gorakh Gite, Age : 27 years, Occupation : Driver & Agriculture, R/o. Gitewadi, .. Applicant Taluka : Patoda, (Original District : Beed. accused no.1) versus The State of Maharashtra, Through Police Station Officer, Police Station, Patoda, .. Respondent Taluka : Patoda, (Original District : Beed. complainant) ....................... Miss. S.V. Sijitha, Advocate, holding for Mr. A.N. Nagargoje, Advocate, for the applicant. Mr. S.G. Nandedkar, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 15TH DECEMBER 2011 (2) Cri. Application No. 5404 of 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. Issue notice to the respondent. 3. Learned APP waives service of notice for the respondent. 4. This is an application preferred by the applicant / appellant (original accused no.1) seeking bail, pending hearing and final disposal of Criminal Appeal No. 650/2011, suspending the substantive sentence imposed upon him, by way of judgment and order dated 17-11-2011, rendered by the learned Sessions Judge, Beed, in Sessions Case No. 117 of 2010, thereby convicting him for the offence punishable under Section 498-A of Indian Penal Code, and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs. 2000/-, in default of payment of fine, to suffer further rigorous imprisonment for six months. 5. The applicant has questioned the said conviction and sentence by filing Criminal Appeal No. 650 of 2011, which has been admitted by me, today only, by passing separate order therein, and there is no likelihood that the said appeal would be (3) Cri. Application No. 5404 of 2011 taken up for final hearing in the near future. 6. Moreover, it appears that the applicant was on bail during the trial and there is no grievance of the respondent, that he misused the said liberty. It is also submitted by the learned Counsel for the applicant, that the applicant has already deposited the fine amount before the trial court on 17-11-2011. Besides, the sentence imposed upon the applicant is a short term sentence. It also appears that after conviction, learned trial court has suspended the sentence to enable the applicant to file appeal. 7. In the circumstances, present Criminal Application is allowed, and the applicant / appellant (original accused no.1) be released on bail, pending hearing and final disposal of Criminal Appeal No. 650 of 2011, suspending the substantive sentence imposed upon him, by way of judgment and order dated 17-11-2011, rendered by the learned Sessions Judge, Beed, in Sessions Case No. 117 of 2010, on the same terms and conditions, but on execution of fresh bond before the trial court, and the present Criminal Application is disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE bgp/ka5404