crapln258.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.258 OF 2011 IN CRIMINAL APPEAL NO.19 OF 2011 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ The learned Counsel for the applicants submits that this application is filed on behalf of the original accused Nos.2 and 3 namely, Shaikh Asad Shaikh Lal and Javedkhan Ajamkhan. They were on bail during trial and they have not misused the bail. On the date of pronouncement of the impugned judgment by the trial Court, they were taken in custody i.e. on 31st December, 2010. Therefore, he would submit that this Court may favourably consider the application of the applicants since the main overt act is attributed to Shaikh Amjad Sk. Asad. 2 The learned APP vehemently crapln258.11 2 opposed the application and submitted that the applicants were instrumental in commission of the crime and, therefore, they may not released on bail. 3 Upon hearing the learned Counsel for the parties and keeping in mind that during the trial both the applicants were on bail and nothing has been brought on record to suggest that they have misused the bail during pendency of trial. It is also pertinent to note that this Court is hearing appeals of the year, 1999 and i this view, it will not be possible to hear the appeal of these applicants early. Therefore, the applicants deserve to be released on bail pending hearing of the appeal. 4 Hence, the application is allowed. Pending hearing of the appeal the sentence qua the applicants stands suspended. Applicants namely, Shaikh Asad Shaikh Lal and Javedkhan Ajamkhan shall be released on same bail, fresh bonds in the trial Court. crapln258.11 3 Application stands disposed of. The record be returned back to the concerned Court for preparation of the paper-book. The concerned Section of the trial Court should see that paper-book is prepared immediately and record is sent to this Court. (S.S. SHINDE, J.) 14.02.2011. PLK/*