[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1319 OF 2006 CRIMINAL APPLICATION NO. 1319 OF 2006 CRIMINAL APPLICATION NO. 1319 OF 2006 IN IN IN CRIMINAL APPEAL NO. 1233 OF 2006 CRIMINAL APPEAL NO. 1233 OF 2006 CRIMINAL APPEAL NO. 1233 OF 2006 Shri Dilip Mahadeo Govari ..Applicant V/s State of Maharashtra ..Respondent. Mr. Anilkumar Patil for the applicant. Mrs. M.M. Deshmukh, A.P.P. for the State. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. DATE : 9TH JANUARY, 2007. DATE : 9TH JANUARY, 2007. DATE : 9TH JANUARY, 2007. P.C. . Heard Mr. Anilkumar Patil, the learned Counsel for the applicant and Mrs. Deshmukh, the learned APP for the State. The applicant was convicted for the offence punishable under Section 397 of Indian Penal Code and was sentenced to undergo R.I. for 7 years and to pay fine of Rs. 500/-, in default to undergo R.I. for 1 month and was also convicted for the offence under Section 25(c) of the Indian Arms Act and was sentenced to undergo R.I. for 3 months and to pay fine of Rs.100/-, in default to undergo R.I. for 15 days. The applicant has preferred Criminal Appeal No. 1233/2006 [2] challenging the conviction and sentence. The appeal is already admitted. By this application the applicant seeks to release him on bail. 2. The applicant was on bail during the trial and there is no allegation that he had misused the bail. Taking into consideration the facts of the case and the fact that he has not misused the bail during trial, I am inclined to grant bail to him pending hearing and final disposal of the appeal. 3. The applicant be released on bail pending final hearing and disposal of the appeal on the same terms and conditions as before the trial Court, subject to executing the fresh bail bonds and depositing fine amount. (J.H. BHATIA, J.) (J.H. BHATIA, J.) (J.H. BHATIA, J.) [3]