1 Cri.A.1007.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1007 OF 2011 [ Dhulappa Bapurao Birajdar Vs. The State of Maharashtra ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.S.G.Salgare,Advocate holding for Smt.S.S.Jadhav,Advocate for Applicant(Original Accused No.1.) Smt.Y.M.Kshirsagar,APP for Respondent No. 1. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 10TH MARCH, 2011. PER COURT : 1. Heard. 2. Issue notice to respondent. Learned APP waives service of notice for respondent-State. 3. This is an application preferred by applicant-original accused No. 1 for releasing him on bail and to suspend substantive sentence imposed upon him, pending hearing and final disposal of Criminal Appeal No.124 of 2011, passed against him in Session Case No.14 of 2009, by learned Ad-hoc Additional 2 Cri.A.1007.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Sessions Judge, Nilanga, on 18.02.2011. 3. I have admitted accompanying Criminal Appeal No.124 of 2011 by passing order separately therein, and there is no likelihood that the said Criminal Appeal would be taken up for final hearing in near future. Moreover, applicant- appellant has challenged the conviction and sentence imposed upon him for the offences punishable under sections 306 and 498-A of the Indian Penal Code. Substantive sentence awarded to the applicant under section 306 of the Indian Penal Code is rigorous imprisonment for three years and under section 498-A of the Indian Penal Code simple imprisonment for three months respectively. However, it appears that said substantive sentences are for short term. 4. As regards fine, it is submitted the learned counsel for the applicant that fine amount is deposited in the trial Court. It is also submitted that applicant-accused No.1 was on bail during the course of trial, he has not committed breach of any condition imposed upon him. 3 Cri.A.1007.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 5. Hence, considering the aforesaid aspects, applicant deserves to be enlarged on bail during the pendency of accompanying Appeal. 6. In the result, present application is allowed, and it is directed that the applicant-accused No.1 be released on bail, on same terms and condition, on which he was enlarged on bail, during the pendency of trial, but on furnishing fresh bond, by suspending the substantive sentences imposed upon him by the judgment and order dated 18.02.2011, in Sessions Case No. 14 of 2009, pending hearing and final disposal of criminal Appeal No. 124 of 2011. 7. Application stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK 4 Cri.A.1007.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders