1 crap3666.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3666 OF 2011 IN CRIMINAL APPEAL NO. 93 OF 2001 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri Vijay Sharma, advocate for the applicant/appellant Shri B.J.Sonwane, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20th August, 2011. PER COURT :- 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant/appellant, seeking fresh bail to the applicant, suspending the substantive sentence 2 crap3666.11 imposed upon the applicant by way of judgment and order, dated 29.1.2001. 3 The applicant/appellant was convicted and sentenced by way of judgment and order, dated 29.1.2001, rendered by the learned Additional Sessions Judge, Sangamner, in Sessions Case No. 144 of 2000. The applicant/appellant questioned the said conviction and sentence by filing Criminal Appeal No. 93 of 2001 and same has been admitted. Moreover, the applicant/appellant was released on bail in Criminal Application No. 413 of 2001 on 7.3.2001 on deposit of fine amount of Rs. 30,000/-, suspending substantive sentence inflicted upon him. 4 However, it appears that the applicant/appellant remained absent in the appeal, and therefore, initially bailable warrant was issued against him, but it appears that same could not be executed against him. Hence, non-bailable warrant 3 crap3666.11 came to be issued against him and also notice was issued to his surety on 8.6.2011. Accordingly, said non-bailable warrant has been executed and the applicant/appellant has been taken into custody and produced before the court, along with the report, dated 9.8.2011 and he has been taken into custody. Hence, the applicant/appellant has preferred the present application seeking fresh bail. 5 Since, the applicant/appellant was enlarged on bail earlier, the applicant can be released on fresh bail, but with direction to remain present before the court on each and every date of the appeal henceforth. Accordingly, present application is required to be allowed. 6 In the result, present application is allowed and the applicant be released on fresh bail by execution of P.R. bond in the sum of Rs.20,000/- with fresh surety in the like amount, before the Trial Court, suspending the substantive sentence 4 crap3666.11 imposed upon him, during pendency of appeal, with direction that the applicant/appellant shall remain present before the Trial Court on each and every date of Criminal Appeal No. 93 of 2001. 7 Humdast permitted. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3666.11