(1) Cri. Application No. 5644 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 5644 of 2011 (In Criminal Appeal No. 674 of 2011) Rajendra s/o. Bhaskar Nirgude, Age : 42 years, Occupation : Service, R/o. Lane 7, East Zone, Taluka : Sangamner, District : Ahmednagar. .. Applicant. versus The State of Maharashtra. .. Respondent. ....................... Mr. N.S. Ghanekar, Advocate, for the appellant. Mr. S.G. Nandedkar, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 21ST DECEMBER 2011 (2) Cri. Application No. 5644 of 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 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 seeking bail pending hearing and final disposal of Criminal Appeal No. 674/2011, suspending the substantive sentences imposed upon him by way of judgment and order dated 16-12-2011, rendered by the learned Judge, Special Court, Sangamner, in Special Case No. 2/2001, thereby convicting him for the offence punishable under Section 120-B of Indian Penal Code, and sentencing to suffer rigorous imprisonment for 6 months and to pay fine of Rs. 500/-, in default of payment of fine, to suffer simple imprisonment for one month; and also convicting him for the offence punishable under Section 7 of Prevention of Corruption Act, and sentencing to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/-, in default of payment of fine, to suffer simple imprisonment for three months; as well as, convicting him for the offence (3) Cri. Application No. 5644 of 2011 punishable under Section 13(1)(d), read with Section 13(2) of Prevention of Corruption Act, and sentencing to suffer rigorous imprisonment for two years and to pay fine of Rs. 1,000/-, in default of payment of fine, to suffer simple imprisonment for three months, and also directing that the substantive sentences to run concurrently. 5. The applicant has questioned the said conviction and sentence by filing Criminal Appeal No. 674 of 2011, and the same is 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. It also appears that the applicant was on bail during the course of trial and there is no grievance of the respondent that he misused the said liberty. Moreover, it is submitted that the applicant has already paid fine amount before the trial court. So also, substantive sentence inflicted upon the applicant is a short term sentence. 6. Besides, learned Counsel for the applicant submitted that after conviction, learned trial court has suspended the substantive sentence and granted bail to the applicant on 16-12-2011 for a period of one month. 7. In view of the said submission, present Application (4) Cri. Application No. 5644 of 2011 deserves to be allowed. 8. In the result, present Criminal Application is allowed, and it is directed that the applicant, namely, Rajendra s/o. Bhaskar Nirgude, be released on bail, pending hearing and final disposal of Criminal Appeal No. 674 of 2011, suspending the substantive sentences imposed upon him by way of judgment and order dated 16-12-2011, rendered by the learned Judge, Special Court, Sangamner, in Special Case No. 2/2001, on the same terms and conditions on which he was granted bail by the learned trial court, but on execution of fresh bond before the learned trial court, and also on condition that the applicant shall give attendance before the learned trial court once in six months, till disposal of Criminal Appeal No. 674 of 2011, and the present Criminal Application is disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka5644