1 Cri.A.1181.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1181 OF 2011 IN CRIMINAL APPEAL NO. 137 OF 2011 Shahaji S/o Pandharinath Pawar, Age: 52 Years,Occup.: Agril., R/o Washi, Tq.Washi District Osmanabad ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENTS. ... Shri.A.N.Nagargoje,Advocate for Appellant. Smt.Y.M.Kshirsagar,APP for Respondent.. ... CORAM: SHRIHARI P.DAVARE, J. DATE : 18TH APRIL, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant-appellant (original Accused), seeking bail, pending hearing and final disposal of Criminal Appeal No.137 of 2011, suspending substantive sentences inflicted upon him, by the Judgment and order dated 08th February, 2011, 2 Cri.A.1181.11 rendered by the Special Judge, Osmanabad, in Special (Attro) Case No. 16 of 2009, since thereby the applicant-accused has been convicted for the offence punishable under section 3(1)(xi) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and is sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1000/-(Rupees one Thousand), in default of payment of fine, to suffer further simple imprisonment for two months, and is also convicted for the offence punishable under section 342 of the Indian Penal Code, and is directed to suffer rigorous imprisonment for one month and to pay a fine of Rs.1000/-(Rupees one Thousand), in default of payment of fine to suffer further simple imprisonment for two months and the learned Judge also directed that both the substantive sentences shall run concurrently. 3. The applicant has questioned the conviction and sentences inflicted upon him, by way of impugned judgment and order dated 8th February, 2011, by filing Criminal Appeal No. 137 of 2011, which has been admitted by this Court today only, by passing separate order therein, and there is no likelihood of taking up the said appeal for final hearing, in near future. Moreover, it also appears that applicant was on bail during the pendency of trial, and there is no grievance of 3 Cri.A.1181.11 the respondent-State that the applicant has misused the said liberty, so also the applicant has deposited fine amount imposed upon him, before the trial Court. Moreover, the substantive sentences inflicted upon him, as mentioned hereinabove, are of short term sentences. 4. Besides that, it is submitted by the learned counsel for the applicant that, the applicant was granted temporary bail, by the trial Court, after conviction, till applicant brings further orders from this Court. 5. In the light of aforesaid submission, and in view of aforesaid position, the applicant deserves to be enlarged on bail, pending hearing and final disposal of the appeal, by allowing present application. 6. In the result, present application is allowed, and it is directed that the applicant Shahaji Pandharinath Pawar be released on bail, pending hearing and final disposal of the Criminal Appeal No.137 of 2011, suspending substantive sentences inflicted upon him, by way of impugned Judgment and order dated 08th February, 2011, rendered by the Special Judge, Osmanabad in Special(Attro) case No. 16 of 2009, on the same 4 Cri.A.1181.11 terms and conditions on which he was released on bail, during pendency of trial, but on execution of fresh bond. 7. Present application stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK