1 Cri.A.No.1375.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1375 OF 2010 IN CRIMINAL APEAL NO.150 OF 2010 [ Altaf Shah Shabbir Shah and Najamabee Shabbir Shah Vs. The State of Maharashtra] Mr.Joydeep Chatterjee, Advocate for the appellant Mr. V.D.Rakh, A.P.P. for the respondent-State Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders PER COURT : 1] Heard. 2] Since the applicants-appellants were on bail during the pendency of the trial. Upon their conviction under section 306 and 498-A of the Indian Penal Code, they are awarded sentence to suffer rigorous imprisonment for five years for the offence punishable under section 306 of the Indian Penal code. From the facts of the case that are proved before the trial Court, I do not think that the prosecution makes out an 2 Cri.A.No.1375.10 exceptional case, where the bail should be refused during the pendency of the Appeal. In view of the Judgment of the Supreme Court in the case of Kirankumar Vs. State of M.P. reported in 2001 AIR SCW 4130, it would be appropriate to grant bail to both the appellants. 3] Pending the hearing and final disposal of the appeal the substantive sentence shall stand suspended and the applicants-appellants be released on bail on their executing P. R. bonds of Rs.10,000/- each and one surety of like amount each. 4] The Criminal Application stands disposed of accordingly. Sd/- DT: 12.04.2010 [A.V.NIRGUDE,J.] MTK/