1 Cri.A.989.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 989 OF 2011 IN CRIMINAL APPEAL NO.122 OF 2011 Ramkisan S/o Kanabhau Shinde and another ...APPLICANTS. VERSUS The State of Maharashtra ...RESPONDENT. ... Shri.A.S.Shinde,Advocate for Applicants Smt.Y.M.Kshirsagar, A.P.P. for Respondent ... CORAM: SHRIHARI P.DAVARE, J. DATE : 15TH MARCH, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicants (Original accused Nos.1 and 2), requesting to enlarge them on bail, by suspending sentence inflicted upon them, by the Judgment and Order dated 21st February, 2011, rendered by Additional Sessions Judge-2, Ambajogai, in Special Case No. 05 of 2009, pending hearing and final disposal of Criminal Appeal No. 122 of 2011. 2 Cri.A.989.11 3. I have admitted the Criminal Appeal No.122 of 2011 today only, by passing order separately therein. Moreover, it is also apparent that the said Appeal is not likely to be taken up for final hearing immediately, in near future. 4. Moreover, it appears that applicant Nos.1 and 2 were on bail during the pendency of trial, and even after Judgment and order, dated 21st February, 2011, passed by Additional Sessions Judge-2, Ambajogai, in Special Case No. 05 of 2009. They even enlarged on bail, by the trial Court till 22nd March, 2011. It is submitted that applicants never misused the terms and conditions of the bail granted to them. However, it also appears that sentences inflicted upon the applicants are for short terms, and hence, applicants deserve to be enlarged on bail during pendency of the Criminal Appeal No.122 of 2011, on same terms and conditions, but on fresh bonds. 5. In the result, present application is allowed, and it is directed that applicants No.1 and 2 be enlarged on bail, by suspending substantive sentence inflicted upon them, by the Additional Sessions Judge-2, Ambajogai, in Special Case No. 05 of 2009, pending hearing and final disposal of the Appeal No.122 of 2011, on same terms and conditions, on which they were enlarged 3 Cri.A.989.11 on bail, during the pendency of trial, but on execution of fresh bonds, before the trial Court. 6. Present Application stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK