IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLN/5470/2011 In APEAL/656/2011 Shaikh Chotu Shaikh Mujiroddin VERSUS THE STATE OF MAHARSHTRA ... Advocate for Petitioners : Mr. V.A.Bagadiya. APP for Respondents: Mr.S.G.Nandedkar. ... CORAM : SHRIHARI P. DAVARE, J. Dated: December 20, 2011 ... PER COURT :- 1. Heard learned respective counsel for the parties. 2. Issue notice to the respondent. Learned APP waives service of notice for respondent. 3. This is an application preferred by the applicant/original accused no.2, seeking bail, pending hearing and final disposal of Criminal Appeal no.656/2011, suspending the substantive sentence inflicted upon him by way of judgment and order dated 28.11.2011. It appears that, applicant has been convicted for the offence p/u/s 12 r/w 7 of the Prevention of Corruption Act and sentenced to suffer R.I. for two years and to pay fine of Rs.2,000/- in default, to suffer R.I. for three months by the Special Judge, Aurangabad by way of aforesaid judgment and order dated 28.11.2011 recorded in S.C.No.19/2006. The applicant i.e. accused no.2 has questioned the said conviction and sentence by filing Criminal Appeal No.656/2011 and same has been admitted by me today only, by passing order therein separately and aaa/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD there is no likelihood that said appeal would be taken up for final hearing in near future. 4. Moreover, it also appears that applicant was on bail during trial and there is no grievance of the respondent that he misused said liberty. Moreover, substantive sentence inflicted upon the applicant is a short term sentence. So also, it is submitted that applicant has deposited fine amount before the trial court. Besides, it appears that after conviction, the applicant was enlarged on bail, by the trial court suspending the substantive sentence imposed upon the applicant till 28.12.2011 to enable the applicant to prefer appeal before this Court and hence present applicant deserves to be allowed. 5. In the result, present application is allowed and it is directed that applicant Shaikh Chotu Shaikh Mujiroddin be released on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount, pending hearing and final disposal of Criminal Appeal No.656/2011, suspending the substantive sentence imposed upon him by way of judgment and order dated 28.11.2011, on the condition that applicant shall give attendance before the learned trial court, once in SIX MONTHS, till the disposal of the said appeal and present application is disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ... aaa/-