1 crap5659.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5659 OF 2011 IN CRIMINAL APPEAL NO. 675 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri Joydeep Chatterjee, advocate for the applicants Smt. Y.M.Kshirsagar, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 22nd December, 2011. PER COURT :- 1 Issue notice to the respondent. Smt. Kshirsagar, learned A.P.P. waives service of notice for the respondent. 2 Heard respective learned counsel for the parties. 3 This is an application preferred by the applicants/appellants (original accused nos. 1 and 2), seeking bail, pending hearing and final disposal 2 crap5659.11 of Criminal Appeal no. 675 of 2011, suspending the substantive sentences imposed upon them, by way of judgment and order of conviction, dated 9.12.2011, passed by the learned Ad hoc District Judge-1 and Additional Sessions Judge, Jalgaon, in Sessions Case No.164 of 2007, thereby convicting them for the offences punishable under Sections 326 r/w 34 of the Indian Penal Code and sentencing them to suffer R.I. for 5 years each and to pay fine of Rs.2,000/- each, in default to suffer S.I. for three years by each of them; and also convicting them for the offences punishable under Sections 447 r/w 34 of the Indian Penal Code and sentencing them to suffer R.I. for 3 months each and to pay fine of Rs. 500/- each, in default to suffer S.I. for ten days by each of them; and also convicting them for the offences punishable under Sections 504 r/w 34 of the Indian Penal Code and sentencing them to suffer R.I. for 3 months each and to pay fine of Rs. 500/- each, in default to suffer S.I. for ten days by each of them; as well as directing that the afore said 3 crap5659.11 sentences to run concurrently. 4 The appellants have questioned the said conviction and sentence by filing Criminal Appeal No. 675 of 2011 and 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 near future. Moreover, it also appears that the applicants were on bail during the pendency of trial, which was granted by the learned Sessions Court on 11.9.2007 in Criminal Application No. 820 of 2007 and there is no grievance of the respondent that the applicants have misused the said liberty. Moreover, it is also apparent that the substantive sentences imposed upon the applicants are short term sentences. So also, it further appears that the applicants have deposited the fine amount imposed upon them before the court on 9.12.2011. In the circumstances, present application deserves to be allowed. 5 In the result, present application is allowed and it is directed that applicant no. 1-Ashok Shankar 4 crap5659.11 Patil and applicant no.2-Vikas Shankar Patil be released on bail, pending hearing and final disposal of Criminal Appeal No. 675 of 2011, suspending the substantive sentences imposed upon them, by way of judgment and order, dated 9.12.2011, rendered by Ad hoc District Judge-1 and Additional Sessions Judge, Jalgaon, in Sessions Case No. 164 of 2007, on execution of P.R. bond in the sum of Rs.25,000/- each with one surety in the like amount by each of them, before the Trial Court, and also on the condition that they shall give attendance before the Trial Court once in six months, till disposal of said appeal and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap5659.11