1 crap2974.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2974 OF 2011 IN CRIMINAL REVISION APPLICATION ST. NO. 149 OF 2011 Eknath s/o Bhagwan Patil ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri R.S.Shinde, advocate holding for Shri A.S.Sawant, advocatde for applicant Smt. Y.M.Kshirsagar , A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 27 th July, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant seeking bail suspending substantive sentence inflicted upon him during the pendency of Criminal Revision Application St. No. 149 of 2011. 2 crap2974.11 3 It appears that the applicant has been convicted and sentenced by way of common judgment and order, dated 29.8.2006, rendered by the learned Judicial Magistrate, First Class, Sindkheda, in R.C.C. No. 31 of 1996, convicting him for the offence punishable under Section 408 of the Indian Penal Code and sentencing him to suffer R.I. for three years and to pay fine of Rs.5,000/-, in default of payment of fine, further to suffer R.I. for one month; and also convicting him for the offence punishable under Section 477-A of the Indian Penal Code and sentencing him to suffer R.I. for three years and to pay fine of Rs.5,000/-, in default of payment of fine, further to suffer R.I. for one month; and also convicting him under R.C.C. No. 32 of 1996 for the offence punishable under Section 408 of the Indian Penal Code and sentnced him to suffer R.I. for three years and to pay fine of Rs.5,000/-, in default further to suffer R.I. for one month, and further directing that all the substantive sentences to run concurrently. 4 It also appears that the applicant has questioned the said conviction and sentence inflicted upon him by filing Criminal Appeal No. 45 of 2011 before the Additional Sessions Judge, Dhule and same came to be dismissed by judgment and order, dated 8.2.2011, confirming the afore said conviction and sentence. 3 crap2974.11 5 Being aggrieved and dissatisfied by the said judgments and orders of convictions and sentence and dismissal of appeal by Ist Appellate Court, the applicant has preferred Criminal Revision Application St. No. 149 of 2011 assailing the same before this court. 6 It is the contention of the applicant that on the date of pronouncement of judgment by the learned Additional Sessions Judge, Dhule on 8.2.2011, the applicant was out of town, and therefore, non-bailable warrant came to be issued against him, and accordingly, he contends that he surrendered/arrested on 28.6.2011 and since then he is in jail. The applicant submits that during the pendency of the trial, as well as during the pendency of appeal before the First Appellate Court, the applicant was on bail and he has abided by the terms and conditions thereof. It is also canvassed by the applicant that the applicant has already deposited the entire fine amount before the Trial Court. 7 Besides, it is the contention of the learned counsel for the applicant that the maximum substantive sentence inflicted upon the applicant is for the period of three years, which is a short term sentence. Moreover, it is further submitted that the applicant is the sole earning member in the family and the livelihood of the family members is depended upon him. Moreover, it is submitted by 4 crap2974.11 learned counsel for the applicant that the applicant has got property at Sindhkeda Taluka. 8 In the light of the afore said position, the applicant deserves to be enlarged on bail, suspending the substantive sentence inflicted upon him, as mentioned herein above. 9 In the result, present application is allowed and it is directed that the applicant, namely Eknath Bhagwan Patil be released on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount before the learned Trial Court, suspending the substantive sentence imposed upon him, on the condition that the applicant shall give attendance before the learned Trial Court once in a quarter till the disposal of Criminal Revision Application ST. No. 149 of 2011, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap2974.11