jpc ba1119-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1119 OF 2011 Mahendrakumar Suresh Jaiswal ... Applicant Versus The State of Maharashtra ... Respondent Ms. Pooja Bhojane, for the applicant Mrs. S. D. Shinde, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 2nd August, 2011. P.C. : 1. Heard Ms. Pooja Bhojane, the learned advocate for the applicant and Mrs. Shinde, the learned APP for the State. 2. The applicant was convicted of an offence punishable under Section 407 of the Indian Penal Code read with Section 34 of the Indian Penal Code by the Chief Judicial Magistrate, First Class, Alibag. The learned Chief Judicial Magistrate sentenced the applicant to undergo imprisonment for three years and to pay a fine of Rs.5000/-. The applicant has paid the fine. 3. The applicant was initially released on bail, but he did not remain present before the Magistrate for a period of about 9 to 10 years. He was then arrested, tried and convicted as aforesaid. After his conviction, the applicant filed an appeal which is pending before the Additional jpc ba1119-11.sxw 2 Sessions Judge, Raigad. The learned Additional Sessions Judge, however, refused to suspend the sentence pending the appeal, inter alia observing that the applicant was absconding for a considerable period. The learned Additional Sessions Judge also stipulated that the appeal shall be expedited. 4. The applicant did not seek bail before his conviction. The view of the matter as taken by the learned Additional Sessions Judge is not unreasonable. Since the learned Additional Sessions Judge has already decided to expedite the appeal, it would be proper to make it time bound. The Additional Sessions Judge can be directed to suspend the remaining part of the sentence and to release the applicant on bail, if the appeal is not heard finally and disposed of within the time that is being fixed. 5. The Additional Sessions Judge shall hear the appeal finally and dispose it of, in any case, on or before 30th August, 2011. 6. In case, the learned Additional Sessions Judge is unable to dispose of the appeal on or before the said date, he shall pass appropriate order, suspending the remaining part of the sentence and releasing the applicant on bail of an appropriate amount. 7. The application is disposed of in the aforesaid terms. (A.M. THIPSAY, J.)