1 crap2815.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2815 OF 2011 IN CRIMINAL APPEAL NO. 339 OF 2011 Vijaykant s/o Krushnarao Deshmukh ...Applicant/Appellant (Orig.accused no.1) VERSUS The State of Maharashtra ...Respondent ..... Shri A.L.Tikle, advocate for applicant/appellant (original accused no.1) Shri V.D.Rakh, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20 th July, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 Issue notice to the respondent. Shri V.D.Rakh, learned A.P.P. accepts service of notice for respondent/State. 3 This is an application preferred by the applicant (original accused no.1), seeking bail, pending hearing and final disposal of 2 crap2815.11 Criminal Appeal No. 339 of 2011, suspending the substantive sentences inflicted upon him by the learned Additional Sessions Judge, Beed, by way of judgment and order, dated 3.6.2011, rendered in Sessions Case No. 99 of 2009, thereby convicting him for the offence punishable under Section 395 of the Indian Penal Code and sentenced him to suffer R.I. for three years and to pay fine of Rs.500/-, in default of payment of fine further to suffer S.I. for six months. 4 The applicant has filed Criminal Appeal No. 339 of 2011 and questioned the conviction and sentence inflicted upon him and the said appeal 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, it appears that 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 granted to him. So also, the substantive sentence inflicted upon the applicant is for the period of three years, which is a short term sentence, relying upon the judicial pronouncement in the case of Kiran Kumar vs State of M.P., reported at 2001 AIR SCW 5130. It is also submitted by the learned counsel for the applicant that the applicant has deposited the 3 crap2815.11 fine amount before the Trial Court . It is also canvassed by the learned counsel for the applicant that after conviction, the learned Trial Court suspended the substantive sentence imposed upon the applicant and the applicant was enlarged on bail till the appeal period is over. 6 In the circumstances, having the comprehensive view of the matter, present application deserves to be allowed and and the applicant deserves to be enlarged on bail. 7 In the result, present application is allowed and it is directed that the applicant Vijaykant Krushnarao Deshmukh be released on same bail, but on furnishing fresh bond before the learned Trial Court, pending hearing and final disposal of Criminal Appeal No. 339 of 2011, suspending the substantive sentence inflicted upon the applicant, on the condition that the applicant shall give attendance before the learned Trial Court once in a quarter till disposal of the appeal and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/cra339.11