1 crap2841.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2841 OF 2011 IN CRIMINAL APPEAL NO. 346 OF 2011 1) Wasim Isaq Qureshi s/o Nabi Qureshi, 2) Shaikh Nisar s/o Shaikh Naser ...Applicants/Appellants (Orig.accused nos. 5 and 2 respectively) VERSUS The State of Maharashtra ...Respondent ..... Smt. R.R.Mane, advocate holding for Shri C.P.Sengaonkar, advocate for applicants/appellants (original accused nos. 5 and 2 respectively) Shri D.R.Korde, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20 th July, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 crap2841.11 2 Issue notice to the respondent. Shri D.R.Korde, learned A.P.P. accepts service of notice for respondent/State. 3 This is an application preferred by the applicants (original accused nos. 5 and 2 respectively), seeking bail, pending hearing and final disposal of Criminal Appeal No. 346 of 2011, suspending the substantive sentences inflicted upon them by way of judgment and order, dated 26.5.2011, rendered by the learned Additional Sessions Judge-9, Aurangabad, in Sessions Case No. 273 of 2009, thereby convicting them for the offence punishable under Section 394 of the Indian Penal Code and sentencing each of them to suffer R.I. for three years and to pay fine of Rs.1,000/-, in default of payment of fine further to suffer R.I. for one month. 4 The applicants have filed Criminal Appeal No. 346 of 2011 and questioned the conviction and sentence inflicted upon them and the said appeal has been admitted by me today only by passing separate order therein and there is no likelihood that the said appeal would be taken up for final hearing in near future. 5 Moreover, it appears that the applicants were on bail during the pendency of Trial and there is no grievance of the 3 crap2841.11 respondent that the applicants have misused the said liberty granted to them. So also, the substantive sentence inflicted upon the applicants is for the period of three years, which is a short term sentence, relying upon the judicial pronouncement in the case of Kiran Kumar vs State of M.P., reported at 2001 AIR SCW 5130. It is also submitted by the learned counsel for the applicants that the applicants have deposited the fine amount before the Trial Court . It is also canvassed by the learned counsel for the applicants that after conviction, the learned Trial Court suspended the substantive sentence imposed upon the applicants and the applicants were enlarged on bail till the appeal period is over. 6 In the circumstances, having the comprehensive view of the matter, present application deserves to be allowed and and the applicants nos. 1 and 2 (original accused nos. 5 and 2 respectively) deserve to be enlarged on bail. 7 In the result, present application is allowed and it is directed that the applicants (1) Wasim Isaq Qureshi s/o Nabi Qureshi and (2) Shaikh Nisar s/o Shaikh Naser be released on same bail, but on furnishing fresh bonds before the learned Trial Court, pending hearing and final disposal of Criminal Appeal No. 346 of 2011, suspending the substantive sentence inflicted upon the applicants, 4 crap2841.11 on the condition that the applicants shall give attendance before the learned Trial Court once in a quarter till disposal of the appeal and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap2841.11