(1) Criminal Application No. 2584 of 2011 (In Criminal Appeal No. 307 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2584 of 2011 ( In Criminal Appeal No. 307 of 2011 ) Sunil s/o. Rajabhau Suryawanshi, Age : 41 years, Occupation : Service as Junior Engineer, Department of Telecommunication, office of Divisional Engineer, Telecommunication, Ausa, District : Latur, R/o. Flat No.2, Applicant/ Gauri Apartment, Kokate Nagar, Appellant Latur, District : Latur. (Original accused) versus The State of Maharashtra. .. Respondent. ....................... Mr. S.P. Urgunde, Advocate, for the applicant. Mr. P.P. More, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 5TH JULY 2011 (2) Criminal Application No. 2584 of 2011 (In Criminal Appeal No. 307 of 2011) COURT'S ORDER : 1. Heard learned Counsel for the parties. 2. Issue notice to the respondent. 3. Learned APP Mr. P.P. More waives service of notice for the respondent. 4. This is an application preferred by the applicant (original accused) seeking bail pending hearing and final disposal of Criminal Appeal No. 307 of 2011, suspending substantive sentences imposed upon him by way of judgment and order dated 15-6-2011, rendered by the learned Ad hoc Additional Sessions Judge-1, Latur, in Special Case No. 2/2005. 5. The applicant has questioned the conviction and sentence inflicted upon him by filing Criminal Appeal No. 307/2011, and the same has been admitted by me today only by passing order therein separately. There is no likelihood that the said appeal would be taken up for final hearing in the near future. Besides, maximum substantive sentence imposed upon the appeal is for a period of one year which is short term sentence. (3) Criminal Application No. 2584 of 2011 (In Criminal Appeal No. 307 of 2011) Moreover, it is submitted that the applicant has already deposited fine amount in the trial court. So also, it appears that the applicant was on bail during the pendency of trial, and there is no grievance by the respondent, that the accused misused the said liberty. Moreover, it is also submitted that after conviction, trial court has suspended substantive sentence and the applicant has been already enlarged on bail which is effective till the appeal period is over. In the circumstances, Criminal Application deserves to be allowed. 6. In the result, Criminal Application is allowed, and the applicant / appellant (original accused) is directed to be released on same bail but on executing fresh bond, suspending the substantive sentence inflicted upon him by way judgment and order dated 15-6-2011, pending hearing and final disposal of Criminal Appeal No. 307 of 2011, with a direction that the applicant shall report before the Trial Court once in a quarter till disposal of the Criminal Appeal. Present Criminal Application is disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE bgp/ka2584