1 criapl-1279.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1279 OF 2011 IN CRIMINAL APPEAL NO. 147 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 24.03.2011. 1. Heard Shri M.V. Ghatge, learned Advocate for the applicant-appellant. 2. Issue notice to the Respondent. Shri V.G. Shelke, learned A.P.P. waives notice for the Respondent-State. 3. This is an application preferred by the applicant (original accused No.1) seeking bail pending hearing and final disposal of criminal 2 criapl-1279.11 appeal No.147 of 2011, suspending the substantive sentence inflicted upon him. It appears that the applicant-original accused (appellant) has been convicted for the offence punishable under Section 306 of I.P.C. and was sentenced to suffer rigorous imprisonment for four years and pay fine of Rs. 1000, in default to suffer simple imprisonment for three months, by judgment and order rendered by the learned Extra Joint Adhoc Additional Sessions Judge, Nanded, in Sessions Case No.40 of 2010, on 19.3.2011, which has been challenged in criminal appeal No.147 of 2011. I have admitted admitted the said appeal today only, by passing separate order therein. 4. After hearing learned counsel for the parties, it appears that the applicant was on bail during pendency of the trial and there is no grievance by the respondent-State that the applicant misused 3 criapl-1279.11 the said liberty. It is also apparent that the applicant has deposited the fine amount on 19.3.2011, itself. Moreover, the substantive sentence inflicted upon the applicant is for four years which is a short term sentence and the learned counsel for the applicant relied upon judicial pronouncement in the case of Kiran Kumar vs. State of M.P., 2001 AIR SCW 5130, in the said context. 5. Besides that, as stated hereinabove, said appeal No.147 of 2011 filed by the applicant herein has been admitted and there is no likelihood of taking up the same for final hearing, in near future. It is also submitted by the learned counsel for the applicant that the applicant is the only earning member in the family and he has no criminal antecedents. 4 criapl-1279.11 6. In the circumstances, present application deserves to be, and is accordingly, allowed and it is directed that the applicant Narayan Khandoji Sable-original accused No.1 be released on bail on the same terms and conditions on which he was enlarged on bail during pendency of the trial, but on execution of fresh bond, pending hearing and final disposal of criminal appeal No.147 of 2011, suspending the substantive sentence inflicted upon him, till then. 7. Application stands disposed of, accordingly. pnd/criapl-1279.11 (SHRIHARI P. DAVARE, J.)