1 crap3421.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3421 OF 2011 IN CRIMINAL REVISION APPLICATION NO. 168 OF 2011 Gunwant @ Rajebhau s/o Gopalrao Khandekar ...Applicant (original accused ) VERSUS The State of Maharashtra ...Respondent (original complainant) ..... Shri M.P.Kale, advocate for applicant Shri B.V.Wagh, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 10 th August, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 Issue notice to the respondent. Shri B.V.Wagh, learned A.P.P. accepts service of notice for the respondent. 2 crap3421.11 3 This is an application preferred by the applicant (original accused), seeking bail, pending hearing and final disposal of Criminal Revision Application No. 168 of 2011, suspending the substantive sentence inflicted upon him. 4 The applicant has questioned the conviction and sentence imposed upon him by way of judgment and order, dated 17.3.2009, rendered by learned Trial Court for the offence punishable under Section 354 of the Indian Penal Code and and also challenging the judgment and order, dated 7.7.2011, rendered by learned First Appellate Court, thereby dismissing Criminal Appeal No. 3 of 2009 filed by the applicant herein, and there is no likelihood that the Criminal Revision Application No. 168 of 2011 will be taken up for final hearing in near future. 5 It appears that the substantive sentence imposed upon the applicant is for the period of two months, which is a short term sentence. Moreover, it also appears that the applicant was on bail during the pendency of trial as well as during the pendency of appeal and there is no grievance of the respondent that the applicant has misused the said liberty. 6 It is also further submitted that even after the judgment 3 crap3421.11 and order of the learned Ad hoc Additional Sessions Judge, Gangakhed, the said court has granted protection to the applicant till 10.8.2011 i.e. till today. 7 Besides, Shri Kale, learned counsel for the applicant stated that the applicant has surrendered today before the learned Trial Court and he has been taken into custody by the said court and the Fax copy of the said application, dated 10.8.2011 and order passed by the court thereon, dated 10.8.2011 has been produced by him and same is taken on record and marked document ‘X’. 8 In the light of the afore said position, there is no impediment in enlarging the applicant on bail during the pendency of Criminal Revision Application. 9 In the result, present application is allowed and it is directed that the applicant Gunwant @ Rajebhau s/o Gopalrao Khandekar be released on same bail, but on execution of fresh bond before the Trial Court, during the pendency of Criminal Revision Application No. 168 of 2011, suspending the substantive sentence imposed upon him, and present application stands disposed of accordingly. 4 crap3421.11 10 Parties to act on the authenticated copy of this order duly issued by the Court Sheristedar. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3421.11