1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2156 OF 2009 IN CRIMINAL APPEAL NO.304 OF 2009 1 Kallu Ukha Vanjari (Jadhav) 2 Babhutya Kallu Vanjari (Jadhav) 3 Jitaraj Kallu Vanjari (Jadhav) Applicants Versus The State of Maharashtra Respondent Mrs.Sushma Savale, advocate for applicants. Mr.V.H.Dighe, A.P.P. for the Respondent. CORAM: R.M.BORDE, J. DATE : 07th July, 2009. P.C.: 1 Heard Mrs.Savale, learned Counsel for applicants and Mr.V.H.Dighe, learned Assistant Public Prosecutor for the Respondent. 2 Accused-applicants are convicted for offence punishable under Sections 304-II and 447 of I.P.C. and are sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000/-, in default, to suffer simple imprisonment for one month, for offence punishable under Section 304-II of I.P.C., whereas, for offence punishable under Section 447 of I.P.C., they are directed to undergo rigorous imprisonment for one month and to pay fine of Rs.500/-, in default, to undergo simple 2 imprisonment for 15 days. 3 It is stated that accused-applicants were on bail during continuance of trial and substantive sentence of imprisonment has been suspended by the trial Court after pronouncement of the judgment of conviction and sentence. 4 Considering the short sentence imposed by the trial Court and taking into consideration further fact that the appeal is not likely to be taken up for final disposal during short period, accused-applicants are entitled to be released on bail. 5 Thus, application is allowed. The substantive sentence of imprisonment imposed against accused-applicants by Ad hoc Additional Sessions Judge, Shahada, on 08.06.2009 in Sessions Case No.29/2000, stands suspended and accused – applicants are permitted to continue to remain on bail on same terms and conditions as imposed by the trial Judge. However, accused-applicants shall furnish fresh bonds. 6 Criminal Application stands disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/criappln2156.09