(1) Cri. Application No. 5491 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 5491 of 2011 (In Criminal Appeal No. 657 of 2011) Bhausaheb s/o. Bhanudas Kokne, Age : 40 years, Occupation : Agriculture, .. Applicant / Appellant R/o. Katchincholi, (Original Taluka : Georai, Dist. : Beed. accused no.4) versus The State of Maharashtra. .. Respondent. ....................... Mr. S.J. Salunke, Advocate, for the applicant. Mr. S.N. Kendre, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 15TH DECEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. (2) Cri. Application No. 5491 of 2011 2. Issue notice to the respondent. 3. Learned APP waives service of notice for the respondent. 4. This is an application preferred by the applicant / appellant (original accused no.4) seeking bail pending hearing and final disposal of Criminal Appeal No. 657 of 2011, suspending the substantive sentence imposed upon him, by way of judgment and order dated 29-11-2011, rendered by the learned Sessions Judge, Beed, in Special (Atrocity) Case No. 15 of 2010, thereby convicting him for the offence punishable under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs. 2000/-, in default of payment of fine, to suffer further rigorous imprisonment for three months. 5. The applicant has questioned the said conviction and sentence imposed upon him, by filing Criminal Appeal No. 657/2011, which has been admitted by me, today only, by passing order therein separately, and there is no likelihood that the said appeal would be taken up for final hearing in the near future. Moreover, it appears that the applicant was on bail during (3) Cri. Application No. 5491 of 2011 trial and there is no grievance of the respondent that the applicant misused the liberty granted him. Moreover, it is submitted by the learned Counsel for the applicant, that the applicant has already deposited the fine amount before the trial court. So also, the sentence imposed upon the applicant is a short term sentence. Besides, it is submitted that after conviction, learned trial court has suspended the substantive sentence imposed upon the applicant and released him on bail for a period of one month. 6. In the circumstances, present Criminal Application is allowed, and the applicant / appellant (original accused no.4) be released on bail, pending hearing and final disposal of Criminal Appeal No. 657/2011, suspending the substantive sentence imposed upon him, by way of judgment and order dated 29-11-2011, rendered by the learned Sessions Judge, Beed, in Special (Atrocity) Case No. 15 of 2010, on the same terms and conditions, but on execution of fresh bond before the trial court, and the present Criminal Application is disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka5491