1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1979 OF 2011 IN CRIMINAL APPEAL NO. 236 OF 2011 Ajamshas/o Gulabsha and ors. applicant-appellants ori. accused Nos.6,7 and 12. versus The State of Maharashtra and ors. Respondents ------ Shri Hemant Surve, Advocate, for the applicants-appellants. Coram : Shrihari P. Davare, J. Date : 4th May, 2011. P. C. 01. Heard learned counsel for the applicants-appellants (original accused Nos. 6, 7 and 12). 02. Issue notice to the Respondent. Shri S.G. Nandedkar, learned A.P.P. waives notice for the Respondent. 03. This is an application preferred by the applicants-appellants (original accused Nos. 6, 7 and 12) seeking bail pending the hearing and final disposal of criminal appeal No.236 of 2011, suspending the substantive sentences inflicted upon them, by way of judgment and order dated 25.3.2011 rendered by learned Additional Sessions Judge-5, 2 Aurangabad, in Sessions Case No.131 of 2008, thereby convicting them for the offence punishable under Section 143 of I.P.C. and sentencing each of them to suffer rigorous imprisonment for three months and to pay fine of Rs.200/- each, in default to suffer simple imprisonment for 8 days each, and also convicting them for offence punishable under Section 147 of IPC and sentencing each of them to suffer rigorous imprisonment for one year and to pay fine of Rs.300/- each, in default, to suffer simple imprisonment for one month each, as well as convicting them for offence punishable under Section 148 of IPC and sentencing each of them to suffer rigorous imprisonment for one year and to pay fine of Rs.300/- each, with default condition that on non payment of fine, to suffer further simple imprisonment for one month each, and also convicting them for offence punishable under Section 324 read with section 149 of IPC and sentencing each of them to suffer rigorous imprisonment for one year and to pay fine of Rs.500/- each, in default, to suffer simple imprisonment for two months each, as well as convicting them for offence punishable under Section 427 r/w Section 149 of IPC sentencing each of them to suffer rigorous imprisonment for one year and to pay fine of Rs.500/- each, and on non payment of fine, to suffer further simple imprisonment for two months each, as well as convicting them for offence under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, read with Section 149 of IPC, and sentencing each of them to suffer rigorous imprisonment for one year 3 and to pay fine of Rs.1000/- each, in default, to suffer simple imprisonment for two months each, and also directing that the aforesaid sentences to run concurrently. 04. It appears that the applicants have questioned the aforesaid convictions and sentences by filing criminal appeal No. 236 of 2011 which has been admitted by me today only, by passing order therein, separately. Moreover, there is no likelihood that the said appeal would be taken up for final hearing in near future. 05. It also appears that the applicants were on bail during pendency of trial and there is no grievance by the respondent that they have misused the said liberty. Moreover, sentences inflicted upon the applicants are short term sentences. It is also submitted that the applicants have already deposited the fine amount imposed upon them, before the trial court. 06. Besides that, the learned counsel for the applicants also submitted that after conviction, learned trial court has granted bail to the applicants, suspending the substantive sentences inflicted upon them, on 25.3.2011 and same is effective for the period of sixty days. 4 07. In the circumstances, considering the totality of the facts, present application deserves to be allowed and the applicants deserve to be enlarged on bail during pendency of criminal appeal. 08. In the result, present application is allowed and it is directed that the applicants (original accused Nos. 6, 7 and 12) be released on bail, pending hearing and final disposal of criminal appeal No.236 of 2011, suspending their substantive sentences imposed upon them by way of judgment and order dated 25.3.2011, on the same terms and conditions on which they were enlarged on bail by the trial court after conviction, but on execution of fresh bonds by each of them. 09. Present application stands disposed of, accordingly. pnd/criap-979.11 (Shrihari P. Davare, J.)