1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.2375/2010 IN CRIMINAL APPEAL NO.209/2010 Bapu Bhiva Mhaske Applicant. V E R S U S The State of Maharashtra Respondent. Mrs. Sushma Savale Advocate for the applicant. Mr. S. D. Kaldate, APP the respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 29 th JUNE, 2010. PER COURT : 1. Heard Mrs S. S. Savale, learned counsel for the applicant/appellant (original accused) and Mr. S.D. Kaldate, learned APP for the respondent-state. 2. Issue notice to the respondent. Mr. Kaldate, learned APP accepts notice for the respondent. 3- The applicant/appellant was convicted by the learned Additional Sessions Judge-Jalgaon, by judgment and order, rendered on 12.2.2010, in S.C. No.2/2008, under section 324 of Indian Penal Code and was 2 sentenced to suffer R.I for the period of 6 months. Being aggrieved and dis- satisfied by the said judgment and order of conviction, the applicant/appellant has preferred appeal No.209/2010, challenging the conviction and sentence inflicted upon him as aforesaid. Said appeal has been admitted by order dated 7.6.2010. 4- The applicant/original accused has preferred the present application, seeking his enlargement on bail, during the pendency of the said appeal till the final hearing and disposal of the said appeal, suspending the substantive sentence awarded to him. It is the contention of the applicant that during the pendency of the trial he was on bail and he has not misused said liberty. It is also contention of the applicant that he is the only bread earner of his family and he is having minor children. It is further submitted by the learned counsel for the applicant that the sentence inflicted upon the applicant is a short term sentence and therefore, he be enlarged on bail during the pendency of the aforesaid appeal. 5- In the light of the aforesaid facts, since applicant was on bail during the pendency of the trial and applicant has not misused said liberty, and since apparently the applicant has been awarded short term sentence of 6 months R.I., it is necessary to enlarge the applicant on bail during the pendency of the appeal, in the interest of justice. 3 6- In the result, present application is allowed and applicant be released on bail in the sum of Rs.15,000/- with one surety in the like amount, suspending the substantive sentence awarded to him, till the final hearing and disposal of the present appeal No.209/2010, on the following condition :- The applicant shall give attendance before in-charge of Erandole Police Station, District Jalgaon, once in a quarter, till the final hearing and disposal of the appeal No.209/2010. 7- Present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ..... aaa/