FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1638 OF 2011 IN CRIMINAL APPEAL NO. 191 OF 2011 [Pralhad Anandrao Zine vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri R.S.Shinde, advocate h/for Shri Joydeep Chatterji, advocate for the applicant/appellant Shri S.G.Nandedkar, A.P.P. for respondent/State ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19 th April, 2011. PER COURT :- 1 Issue notice to the respondent. Shri S.G.Nandedkar, learned A.P.P. waives service of notice for respondent. 2 Heard learned counsel for the respective parties. 3 This Criminal Application is preferred by the applicant/appellant (original accused no.1) seeking bail, (2) pending hearing and final disposal of Criminal Appeal No. 191 of 2011, suspending the substantive sentences inflicted upon him by way of judgment and order, dated 5.4.2011, rendered by the Judge, Special Court, Jalna in Special Case (PCA) No. 5 of 2009, thereby convicting the appellant for the offence punishable under Section 13(1)(d)(ii) r/w Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to suffer R.I. for two years and to pay fine of Rs.2,000/-, in default of payment of fine to suffer further R.I. for one month; and also convicting him for the offence punishable under Section 468 of the Indian Penal Code and sentencing him to suffer R.I. for two years and to pay fine of Rs.2,000/-, in default of payment of fine to suffer further R.I. for three months; as well as convicting him for the offence punishable under Section 471 of the Indian Penal Code and sentencing him to suffer R.I. for two years and to pay fine of Rs.2,000/-, in default of payment of fine to suffer further R.I. for three months; and further directing that the afore said substantive sentences to run concurrently. 4 It appears that the applicant was on bail during the pendency of trial and there is no grievance of the respondent that he misused the said liberty. Moreover, it also appears that after conviction, the Trial Court suspended the execution (3) of the afore stated substantive sentences of imprisonment for a period of one month, which is effective from 5.4.2011. Moreover, learned counsel for the applicant also stated that the applicant has deposited the fine amount before the Trial Court, which is evident from the certified copy of the impugned judgment and order annexed by the applicant along with the Criminal Appeal. 5 Besides that , I have admitted the Criminal Appeal No. 191 of 2011, filed by the applicant/appellant, challenging afore said conviction by passing separate order therein today only. Moreover, there is no likelihood that the said Criminal Appeal would be taken up for final hearing in near future. So also, the above referred substantive sentences inflicted upon the applicant appear to be short term sentences. 6 In the circumstances, there is no impediment in enlarging the applicant/appellant on bail during the pendency of the appeal. Hence, present application deserves to be allowed. 7 In the result, present application is allowed and the applicant/appellant – Pralhad Anandrao Zine is directed to be released on bail, pending hearing and final disposal of (4) Criminal Appeal No. 191 of 2011, suspending the substantive sentences inflicted upon him, by way of judgment and order, dated 5.4.2011, rendered by the Judge, Special Court, Jalna in Special Case (PCA) No. 5 of 2009, on the same terms and conditions, on which he was on bail during the trial, but on execution of fresh bond, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap1638.11