1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3123/2010 IN CRIMINAL REVISION APPLICATION NO.204/2010 Sanjay Govardhanlalji Sharma Applicant V E R S U S State of Maharashtra. Respondent. Shri Joydeep Chaterjee, Advocate for the applicant. Shri S.D. Kaldate, APP FOR RESPONDENT. CORAM : SHRIHARI P. DAVARE, J. DATE : 6TH AUGUST, 2010 PER COURT : 1. Heard Mr. Joydeep Chaterjee, learned counsel for the applicant / original accused and Mr. S.D. Kaldate learned APP for the respondent. 2. Issue notice to the respondent. Learned APP accepts notice for the respondent. 3. I have issued rule in Criminal Revision application No. 2 204/2010, filed by the petitioner (applicant) / original accused by order passed separately therein. 4. This is an application preferred by the applicant seeking his enlargement on bail pending hearing and disposal of the criminal revision application No.204/2010, suspending substantive sentence awarded to him till then. The applicant was convicted and sentenced by learned Chief Judicial Magistrate, Jalna under section 279 and 337 of Indian Penal Code by judgment and order dated 3.3.2009 passed in STCC No.1509/2003 and was directed to suffer R.I. For three months and to pay fine of Rs.1,000/- in default to suffer further R.I for one month. The applicant assailed said judgment and order in Criminal Appeal No. 20/2009 before learned Sessions Judge, Jalna however, the said appeal was partly allowed and the conviction and sentence inflicted upon the petitioner under section 279 of Indian Penal Code was confirmed and maintained whereas conviction and sentence awarded to the petitioner under section 337 of Indian Penal Code was set aside. 3. Being aggrieved and dis-satisfied by both the said judgment and orders, the petitioner/applicant herein has preferred 3 criminal revision application No.204/2010 before this Court, assailing the same and during the pendency of said criminal revision application applicant/petitioner has preferred present application seeking his enlargement on bail. 4. It is the contention of the applicant that applicant was on bail during the pendency of the trial as well as he was on bail during the pendency of above referred appeal before the lower appellate Court and the applicant has not misused said liberty. It is also contention of learned counsel for the applicant that applicant surrendered before the learned Sessions Court, Jalan on the date of judgment and order i.e. 2.8.2010 and he is in custody presently. Learned counsel for the applicant also submitted that criminal revision application No.204/2010 has been admitted by this Court and said revision application is likely to be heard finally in near future and therefore, applicant prays for his enlargement on bail during the pendency of said criminal revision application. Learned counsel for applicant also submits that applicant has already deposited fine amount before the trial court. It is also canvassed that the sentence awarded to the applicant is a short term 4 sentence and therefore, also applicant is entitled to be enlarged on bail. 5. In the light of the aforesaid facts, since the applicant was on bail during the pendency of the trial and during the pendency of appeal and he has not misused said liberty as contended by the learned counsel for the applicant, and since applicant has already deposited fine amount, as contended by the learned counsel for applicant, and since short term sentence has been awarded to the applicant, applicant deserves to be enlarged on bail during the pendency of criminal revision application No.204/2010 and present application deserves to be allowed. 6. In the result, present application is allowed and applicant be released on bail on furnishing surety in the sum of Rs.10,000/- (Rs. Ten thousand) and on executing P.R. Bond in the like amount before the Lower Appellate Court i.e. Sessions Court, Jalna suspending the substantive sentence awarded to the applicant, till the final hearing and disposal of criminal revision application No.204/2010 on the condition that the applicant shall give attendance before trial court 5 once in a QUARTER, till the disposal of Criminal Revision Application No. 204/2010. 7. Present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ..... aaa/204.10