(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2452 of 2011 (In Criminal Appeal No. 288 of 2011) Kaduba s/o. Bhikaji Danke, Age : 58 years, Occupation : Service, R/o. Kranti Nagar, Behind District Court, .. Applicant Aurangabad. (Original accused) versus The State of Maharashtra. .. Respondent. ....................... Mr. S.J. Salgare, Advocate, holding for Smt. S.S. Jadhav, Advocate, for the applicant. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 23RD JUNE 2011 COURT'S ORDER : 1. Heard learned Counsel for the parties. (2) 2. This is an application preferred by the applicant / appellant seeking bail pending hearing and final disposal of Criminal Appeal No. 288/2011, by suspending substantive sentences inflicted upon him. 3. The applicant / appellant has Criminal Appeal No. 288/2011, challenging the conviction and sentence inflicted upon him, by way of judgment and order dated 20-5-2011, rendered by the learned Special Judge (P.C. Act), Aurangabad, in Special Case (P.C.) No. 7/2008, and I have admitted the said appeal today only by passing separate order therein, and there is no likelihood that the said appeal would be heard in the near future. Moreover, it appears that during the pendency of trial, applicant / appellant was on bail, and it is not grievance of the respondent / State, that he had committed breach of any condition imposed upon him while releasing on bail. 4. Learned Counsel for the applicant / appellant has submitted that the fine amount is deposited by the applicant before the trial court. Besides that, substantive sentence appears to be maximum of three years and the same is of short term period. Moreover, it is also submitted that the learned trial court has suspended the substantive sentences and enlarged the (3) applicant on bail, and the same is effective till 20th July 2011. 5. In view of the aforesaid position, present Criminal Application deserves to be allowed and it is accordingly allowed. It is directed that the applicant / appellant, namely, Kaduba s/o. Bhikaji Danke, be released on bail during hearing and final disposal of Criminal Appeal No. 288 of 2011, by suspending substantive sentences inflicted upon him, on furnishing same bail, but on execution of fresh bond, before the trial court, with a direction that the applicant / appellant shall give attendance before trial court once in a quarter, till disposal of the appeal. ( SHRIHARI P. DAVARE ) JUDGE ............................. bgp/ka2452