1 crap3279.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3279 OF 2011 IN CRIMINAL APPEAL NO. 390 OF 2011 Dhanlal s/o Suryabhan Pawar ...Applicant/Appellant (original accused ) VERSUS The State of Maharashtra ...Respondent ..... Shri J.M.Murkute, advocate for applicant/appellant Smt. Y.M.Kshirsagar, A.P.P. for 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. Smt. Y.M.Kshirsagar, learned A.P.P. accepts service of notice for the respondent. 3 This is an application preferred by the applicant/appellant 2 crap3279.11 (original accused), challenging the conviction and sentence imposed upon him by way of judgment and order, dated 28.6.2011, rendered by learned Extra Joint Ad hoc Additional Sessions Judge, Nanded, in Sessions Case No. 161 of 2010, seeking bail, pending hearing and final disposal of Criminal Appeal No. 390 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 28.6.2011, in Sessions case No. 161 of 2010, by filing Criminal Appeal No. 390 of 2011 and same has been admitted by me today only by passing separate order therein and there is no likelihood that the said appeal would be taken up for final hearing in near future. 5 Moreover, the substantive sentence imposed upon the applicant is for the period of three years, which is a short term sentence. So also, the applicant was on bail during the pendency of trial and there is no grievance of the respondent that the applicant has misused the said liberty. 6 Learned counsel for the applicant canvassed that after conviction, the learned Trial Court has suspended the substantive sentence and enlarged the applicant on bail, which is effective till the 3 crap3279.11 period of appeal is over. Moreover, it is submitted by the learned counsel for the applicant that the applicant has deposited the fine amount before the learned Trial Court. 7 In the circumstances, present application is allowed and it is directed that the applicant be released on same bail, but on execution of fresh bond, pending hearing and final disposal of Criminal Appeal No. 390 of 2011, suspending the substantive sentence imposed upon him by way of judgment and order, dated 28.6.2011, on the condition that the applicant shall give attendance before the learned Trial Court once in a quarter, till disposal of appeal, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3279.11