(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3483 of 2011 (In Criminal Revision Application No. 174 of 2011) Mainuddin Ahmed Shaikh, Age : 61 years, Occupation : Pensioner, R/o. Azad Nagar, Parli Vaijnath, Taluka : Parli Vaijnath, District : Beed. .. Applicant. versus The State of Maharashtra. .. Respondent. ....................... Mr. G.R. Syed, Advocate, for the applicant. Mr. P.P. More, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 11TH AUGUST 2011 COURT'S ORDER : 1. Heard learned Counsel for the parties. (2) 2. Issue notice to the respondent. 3. Learned APP Mr. P.P. More accepts notice for the respondent. 4. This is an application preferred by the applicant (original accused) seeking bail during the pendency of Criminal Revision Application No. 174/2011, suspending the substantive sentence imposed upon him, by way of judgment and order dated 5-1-2011, rendered by the learned Judicial Magistrate (First Class), Kallam, in R.C.C. No. 258/2008. The applicant has questioned the conviction and sentence imposed upon him, for the offence punishable under Sections 279 and 304-A of Indian Penal Code, by the learned Trial Court, and also confirmed by the judgment and order dated 1-8-2011, rendered by the learned Additional Sessions Judge, Osmanabad, in Criminal Appeal No. 7/2011, by filing Criminal Revision Application No. 174/2011, and the same is pending before this Court, and there is no likelihood that it would be taken up for final hearing in the near future. 5. Moreover, the substantive sentence imposed upon the applicant is for a period of one month which is a short term (3) sentence. It is submitted that the applicant has already deposited the fine amount before the learned Trial Court. Moreover, it is submitted that the applicant has been taken into custody on 1st August 2011 i.e. after pronouncement of judgment in Criminal Appeal No. 7/2011. Besides, it is canvassed that the applicant was on bail during the pendency of trial, as well as, during the pendency of appeal, and he has not misused the said liberty. 6. In the circumstances, present Criminal Application deserves to be allowed, and it is directed that the applicant be released on same bail but on execution of fresh bond before the learned Trial Court, during the pendency of of Criminal Revision Application No. 174/2011, suspending the substantive sentence imposed upon the applicant, and the present Criminal Application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3483