1 crap2569.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2569 OF 2011 IN CRIMINAL APPEAL NO. 306 OF 2011 Rashidabee w/o Shaikh Mansoor ...Applicant/Appellant (Orig.accused no. 5) VERSUS The State of Maharashtra ...Respondent ..... Shri Zia-Ul-Mustafa, advocate for applicant/appellant (original accused no. 5) Smt. Y.M.Kshirsagar, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20 th July, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant (original 2 crap2569.11 accused no. 5), seeking bail, pending hearing and final disposal of Criminal Appeal No. 306 of 2011, suspending the substantive sentence inflicted upon her by way of judgment and order, dated 20.5.2011, rendered by the learned Additional Sessions Judge-6, Aurangabad, in Sessions Case No. 162 of 2008. 3 It appears that the applicant herein faced the trial along with co-accused in Sessions Case No. 162 of 2008, for the offence punishable under Sections 489-A to D r/w Section 34 of the Indian Penal Code and the applicant herein came to be convicted for the offence punishable under Section 489-C of the Indian Penal Code and sentenced to undergo R.I. for 3½ years and to pay fine of Rs. 500/-, in default to suffer further R.I. for one month; as well as she was convicted for the offence punishable under Section 489-B of the Indian Penal Code and sentenced to undergo R.I. for 3½ years and to pay fine of Rs.500/-, in default to suffer further R.I. for one month, and both the said substantive sentences were directed to run concurrently. 4 It also appears that applicant herein has filed Criminal Appeal No. 306 of 2011 and questioned the conviction and sentence inflicted upon her by way of above referred judgment and order and said appeal has been admitted by me by passing separate order 3 crap2569.11 therein on 29.6.2011 and same is pending and there is no likelihood that the said appeal would be taken up for final hearing in near future. 5 It is also canvassed by the learned counsel for the applicant that the applicant was on bail during the pendency of Trial and there is no grievance of the respondent that the applicant has misused the said liberty granted to her. So also, the substantive sentence inflicted upon the applicant is for the period of three and half years, which is a short term sentence inflicted upon the applicant under each head, and hence, same can be construed as short term sentence, relying upon the judicial pronouncement in the case of Kiran Kumar vs State of M.P., reported at 2001 AIR SCW 5130. Learned counsel for the applicant, on instructions, undertakes to deposit the fine amount before the learned Trial Court, if not deposited so far, within two weeks. 6 Learned counsel for the applicant also high lighted that the applicant has got five daughters and out of them, three daughters are minor and there is nobody to look after them, except the applicant herein. It is further canvassed that the applicant is a woman, and therefore, learned counsel for the applicant urged that she be enlarged on bail. 4 crap2569.11 7 Considering the facts and circumstances and after having the comprehensive view of the matter, the applicant deserves to be enlarged on bail during the pendency of appeal and present application is required to be allowed, subject to payment of fine by he applicant before the Trial Court. 8 In the result, present application is allowed and it is directed that the applicant Rashidabee Shaikh Mansoor be released on same bail, but on furnishing fresh bond before the learned Trial Court, pending hearing and final disposal of Criminal Appeal No. 306 of 2011, suspending the substantive sentence inflicted upon the applicant, subject to payment of fine amount imposed upon her before the trial Court, within two weeks, if not deposited so far, on the condition that the applicant shall give attendance before the learned Trial Court once in a quarter till disposal of the appeal and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap2569.11