1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2240 OF 2010 IN CRIMINAL APPEAL NO.223 OF 2010 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Mr.V.D. Salunke, advocate for applicant. Mr.S.D. Kaldate, learned A.P.P. for respondent. 1. Heard Mr.V.D. Salunke, learned counsel for applicant as well as Mr.S.D. Kaldate, learned A.P.P. for respondent. Today, by separate order after hearing learned counsel for the appellant/applicant appeal is admitted. 2. This is an application preferred by the applicant (original accused) seeking his enlargement on bail pending hearing and disposal of the Criminal Appeal no.233/2010. 3. By the judgment and order dated 31st May, 2010 delivered in Sessions Case No.44/2009, learned Adhoc Additional Sessions Judge, Beed, convicted the applicant/appellant under Section 498-A r/w Section 34 of the Indian Penal Code and sentenced him to suffer rigorous 2 imprisonment for three years and to pay fine of Rs.1,000/-, in default of payment of fine to suffer simple imprisonment for six months. Applicant/appellant was further convicted under Section 306 r/w Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000/-, in default to suffer simple imprisonment for six months. 4. Learned counsel for applicant submitted that the applicant was on bail during pendency of trial and that applicant has deposited the fine amount before the trial Court. Learned counsel for applicant also canvased that the substantive sentences of the applicant have been suspended by trial Court till appeal period is over and he has been directed to be enlarged on bail by furnishing P.R. bond of Rs. 20,000/- with one surety in the like amount by order dated 31st May, 2010. It is further submitted by learned counsel for applicant that the sentence awarded to the applicant is of short term. Hence, learned counsel for applicant prayed that the applicant be enlarged on bail during pendency of present appeal also. 5. In the light of the aforesaid facts, the applicant be enlarged on bail on the same terms and conditions on 3 which he was released on bail by learned trial Court, but on furnishing fresh bond suspending the substantive sentence inflicted upon him, pending hearing and disposal of the Criminal Appeal No.223/2010 on the condition that applicant shall give attendance before the trial Court once in a quarter regularly and punctually till the disposal of the appeal and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. 28.6.2010 gas/cri2240.10