1 crap1169.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1169 OF 2011 IN CRIMINAL APPEALNO. 136 OF 2011 Dattagir Bhagwangir Gosavi ...Applicant/Appellant VERSUS The State of Maharashtra ...Respondent ..... Shri S.S.Jadhavar, advocate for the applicant Smt. Y.M.Kshirsagar, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 22 nd March, 2011 PER COURT : 1 Heard learned counsel for the respective parties. 2 This is an application, preferred by the applicant/appellant, seeking bail, pending hearing and final disposal of Criminal Appeal No. 136 of 2011, suspending the substantive sentences inflicted upon him, since he has been convicted for the offence punishable under Section 7 of 2 crap1169.11 the Prevention of Corruption Act and sentencing him to undergo R.I. for six months and to pay fine of Rs.3,000/-, in default of payment of fine further to undergo S.I. for one month; and also for the offence punishable under Section 13(1)(d) r/w Section 13(2) of the said Act and sentencing him to undergo R.I. for one year and to pay fine of Rs.2,000/-, in default of payment of fine further to undergo S.I. for one month, by way of judgment and order, dated 25.2.2011, rendered by the Special Judge, Osmanabad in Special Case (AC) No. 5 of 2010. 3 Learned counsel for the applicant submitted that the applicant has already deposited the fine amount before the Trial Court. Moreover, it is also submitted that the applicant was on bail during the trial and he did not misuse the said liberty granted to him. Moreover, it is also submitted by the learned counsel for the applicant that there is no other criminal case pending against him and there are no criminal antecedents against him. It is also canvassed by the learned counsel for the applicant that the applicant was granted bail by the Trial Court suspending the substantive sentences inflicted upon him for the period of four weeks, which is effective till 24.3.2011. Moreover, it is also submitted that short term sentences have been inflicted upon the applicant, which has been challenged by the applicant by way of accompanying appeal and there is no possibility of taking up the accompanying appeal for final hearing in near future, and therefore, urged that the applicant be enlarged on bail during the pendency of accompanying appeal. 3 crap1169.11 4 Learned A.P.P. opposed the application vehemently and submitted that all the witnesses have supported the prosecution case and learned Trial Court has rightly convicted and sentenced the applicant/appellant, and therefore, the applicant/appellant is not entitled to be released on bail. Accordingly, learned A.P.P. supported the impugned judgment and order of conviction and sentence rendered by the Trial Court against the applicant/appellant. 5 It is a matter of record that I have admitted the accompanying Criminal Appeal No. 136 of 2011, filed by the applicant/appellant, today only, by passing the order separately therein, and there is no possibility of taking up the said appeal for final hearing in near future. Moreover, the applicant was on bail during the pendency of trial, and apparently, he has not misused the said liberty. So also, the Trial Court has granted bail to the applicant/appellant for the period of four weeks suspending the substantive sentences inflicted against him for the period of four weeks, which is effective till 24.3.2011. So also, the short term sentences have been inflicted upon the applicant as afore stated, and therefore, also the applicant is entitled to be released on bail during the pendency of the appeal. 6 In the result, present application is allowed and the applicant be released on bail, on the same terms and conditions, on which the bail 4 crap1169.11 was granted to him by the Trial Court, but on execution of fresh bond, pending hearing and final disposal of Criminal Appeal No. 136 of 21011, suspending the substantive sentences inflicted upon him by way of judgment and order dated 25.2.2011, rendered by the Special Judge, Osmanabad in Special Case (AC) No. 5 of 2010, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1169.11