1 crap2498.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2498 OF 2011 IN CRIMINAL APPEAL NO. 297 OF 2011 1 Baburao Dnyanoba Kadam, age 62 years, occ. Agril. r/o Gawari, Tq. And Dist. Beed ...Applicant (Orig. Accused No.4) VERSUS The State of Maharashtra ...Respondent ..... Shri Joydeep Chatterjee, advocate for applicant/orig.accused no.4 Smt. Y.M.Kshirsagar, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 21 st June, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant (original 2 crap2498.11 accused no. 4) against the judgment and order of conviction, dated 13.6.2011, rendered by the learned Additional Sessions Judge, Beed, in Sessions Case No. 76 of 2009, seeking bail, pending hearing and final disposal of Criminal Appeal No. 297 of 2011, suspending the substantive sentences inflicted upon him. 3 The present applicant has filed Criminal Appeal No. 297 of 2011 questioning the convictions and sentences inflicted upon him and I have admitted the said appeal by passing order therein separately today only, and there is no likelihood that the said appeal would be taken up for final hearing in near future. 4 Moreover, the maximum substantive sentences inflicted upon the applicant herein is for three years, and hence, it is apparent that the said sentence is a short term sentence, placing reliance on the judgment in the case of Kiran Kumar vs State of M.P., reported in 2001 AIR SCW 5130. Moreover, it also appears that the present applicant was on bail during the trial and conviction and sentence inflicted upon him has been suspended by the learned Trial Court for the period of one month by order, dated 13.6.2011. It is also submitted that the present applicant has already deposited fine amount before the Trial Court. 3 crap2498.11 5 In view of the afore said position, present application is required to be allowed and present applicant deserves to be released on bail. 6 In the result, present application is allowed and the applicant Baburao Dnyanoba Kadam be released on same bail, but to execute fresh bond before the Trial Court, with direction that the applicant shall give attendance before the Trial Court once in a quarter, till the disposal of Criminal Appeal No. 297 of 2011. (SHRIHARI P. DAVARE), JUDGE. dbm/crap2498.11