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. 3199 OF 2011 ,In APEAL/385/2011 SHAIKH AZIM SHAIKH YOUSUF VERSUS THE STATE OF MAHRSHTRA ... Advocate for Petitioner(s) : Mr. Syed G R APP for Respondent(s): Mr. V.D.Rakh ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 12, 2011 ... 1. Heard learned counsel for the parties. 2. I have perused the impugned judgment and order dated 20.7.2011 and R & P with the assistance of the learned counsel for the parties. 3. This is an application preferred by the applicant seeking bail, pending hearing and final disposal of Criminal Appeal No.385/2011, suspending the substantive sentence imposed upon him by way of judgment and order dated 20.7.2011, rendered by Additional Sessions Judge-2, Ambajogai in Sessions Case No.66/2009. It appears that by the said judgment appellant/applicant was convicted for the offence 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 punishable under section 498-A of Indian Penal Code and sentenced to suffer R.I. for two years and to pay fine of Rs.1,000/-, in default to suffer S.I. for six months and also convicting him for the offence punishable under section 307 of Indian Penal Code and sentenced him to suffer R.I. for five years and to pay fine of Rs.1,000/- in default to suffer S.I. for six months, as well as directed that both substantive sentences shall run concurrently. It was further directed that appellant/applicant to pay compensation of Rs.8,000/- to the prosecutrix Surayabee under section 357 of Code of Criminal Procedure. 4. It appears that applicant/appellant has questioned the said conviction and sentence imposed upon him by filing Criminal Appeal No. 385/2011, and same has been admitted by me on 29.7.2011, by passing order therein separately and there is no likelihood that said appeal will be taken up for final hearing in near future. 5. It also appears that applicant was on bail during the pendency of trial and there is no 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 grievance of the respondent that he misused said liberty. Moreover, learned counsel for the applicant submits that applicant has deposited fine amount of Rs.2,000/- as well as compensation amount of Rs. 8,000/- before learned trial court on 2.8.2011. 6. Besides, it is apparent that substantive sentence imposed upon the appellant is for the period of five years and said can be construed as short term sentence relying upon the Kiran Kumar’s Vs. State of M.P. case reported at 2001 A.I.R. SCW 5130. It is also argued by the learned counsel for the applicant that prosecutrix is the wife of the applicant herein, is residing separately alongwith her parents and she sustained hardly 18 to 20% burn injuries and in fact it was an attempt to commit suicide by the prosecutrix. 7. In the circumstances, having comprehensive view of the matter, applicant deserves to be enlarged on bail, during the pendancy of the appeal, suspending the substantive sentence imposed upon him. 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 8. In the result, present application is allowed and applicant namely Shaikh Azim s/o Shaikh Yousuf be released on same bail, but on execution of fresh bond, pending hearing and final disposal of Criminal Appeal No.385/2011, suspending the substantive sentence imposed upon him by judgment and order dated 20.7.2011, on the condition that the applicant shall not enter into the locality, where the prosecutrix resides in Parali (Vaijnath) and also on the condition that the applicant shall give attendance before the learned trial court once in the quarter, till the disposal of the appeal and present application stands disposed of accordingly. 9. Record and proceeding be sent back to the concerned court. ( SHRIHARI P. DAVARE, J. ) aaa ***