FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders CRIMINAL APPEAL NO.296/2010 WITH CRIMINAL APPLICATION NO.3137/2010 CORAM : SHRIHARI P. DAVARE, J. DATE : 16 th AUGUST, 2010. 1. Circulated by precipie. 2. Heard Mr. Salgare h/f Mrs. S.S. Jadhav, learned counsel for the appellant and Mr. B.J. Sonwane learned APP for the respondent. 3. Leave to amend granted to incorporate the name of the prosecutrix in title clause of the appeal as respondent No.2, to whom compensation has been awarded by the learned trial Court. 4. Issue notice to the said added respondent No.2, returnable within four weeks. 5. Stand over for four weeks for admission. ( SHRIHARI P. DAVARE, J. ) Dt : 16.8.2010 aaa/296.10 ... FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders CRIMINAL APPLICATION NO.3137/2010 in CRIMINAL APPEAL NO.296/2010. CORAM : SHRIHARI P. DAVARE, J. DATE : 16 th AUGUST, 2010. 1. Circulated by precepie. 2. Heard Mr. Salgare h/f Mrs. S.S. Jadhav, learned counsel for the applicant/appellant and Mr. B.J. Sonwane learned APP for the respondent. 3. This is an application preferred by the applicant/appellant, seeking his enlargement on bail, till the hearing and final disposal of criminal appeal No. 296/2010, suspending the substantive sentences inflicted upon him. 4. Applicant/appellant has filed criminal appeal challenging the conviction and sentences inflicted upon him by way of judgment and order dated 14.6.2010, rendered by learned Additional Sessions Judge, Nandurbar, in Special Case No.38/2009, FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders convicting the appellant for the offence p/u/s 376 r/w 511 of Indian Penal Code and directing him to suffer R.I. for two years and to pay fine of Rs.5,000/- in default to suffer R.I. for five months and also convicting him u/s 506 of Indian Penal Code and sentencing him to suffer R.I. for three months and to pay fine of Rs.500/- with default condition of non payment of fine, to suffer R.I for 15 days and both substantive sentences were directed to run concurrently. 5. Learned counsel for the applicant contends that applicant was on bail during the pendency of the trial and he has not committed breach of any of the conditions imposed upon him, while he was on bail. Learned counsel for applicant also contends that after conviction by judgment and order dated 14.6.2010, learned trial judge has suspended substantive sentences inflicted upon applicant till the appeal period is over and therefore, submits that applicant be enlarged on bail, on the same terms and conditions, suspending the substantive sentences inflicted upon him till the hearing and final disposal of criminal appeal No.296/2010. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders 6. Mr. Salgare learned counsel for applicant, on instructions submits that the applicant has already deposited fine amount before the trial court. He further submitted that sentence awarded to the applicant is a short term sentence and therefore, also applicant is entitled to be enlarged on bail. 7. In the light of the aforesaid facts, since criminal appeal No.296/2010 has not been admitted so far and posted for admission after four weeks, present application is allowed partly and bail granted by the learned trial judge to the applicant be continued on the same terms and conditions, but on executing fresh bond till admission of the appeal. 8. Stand over for four weeks. ( SHRIHARI P. DAVARE, J. ) Dt : 16.8.2010 aaa/296.10 ...