1 criap-1221.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1221 OF 2011 IN CRIMINAL APPEAL NO.141 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 24.03.2011. 1. Heard Shri N.B. Suryawanshi, learned Advocate, for the applicant-original accused No.2- appellant No.2 and Shri S.G. Nandedkar, learned A.P.P. for Respondent-State. 2. This is an application preferred by original accused No.2 Indubai Sakharam Vasave, seeking bail, pending hearing and final disposal of criminal appeal No. 141 of 2011 preferred by her along with original accused No.1 Sakharam Ravaji Vasave, questioning the conviction inflicted upon her under 2 criap-1221.11 Section 109 of the Indian Penal Code read with Sections 13(10(e) and 13(2) of the Prevention of Corruption Act, and sentence to suffer rigorous imprisonment for four years and fine of Rs.25,000/=, in default, simple imprisonment for three months, by way of judgment and order dated 15.3.2011 rendered by learned Additional Sessions Judge-1 and Special Judge, Dhule, in Special Case No.41 of 1998, suspending the said substantive sentence during pendency of criminal appeal No.141 of 2011. 3. According to the applicant, she is 65 years old and is suffering from knee-ache and even cannot sit. It also appears that the substantive sentence inflicted upon the applicant is for four years which is a short term sentence as held in the case of Kiran Kumar vs. State of M.P. 2001 AIR SCW 5130. Moreover, the applicant was on bail during trial and there is no grievance by the respondent that the applicant herein misused the said liberty. 3 criap-1221.11 4. Moreover, I have admitted criminal appeal No.141 of 2011, by passing the order separately therein, today only, and there is no likelihood of the said appeal being taken up for final hearing in near future. 5. However, it is submitted that the applicant has not deposited the fine amount, since her husband i.e. original accused No.1 is in jail in some other criminal case and the learned counsel for the applicant, on instructions, submitted that the applicant would deposit the said fine amount, if she is released on bail. 6. Having the comprehensive view of the matter, it is directed that the applicant Indubai Sakharam Vasave-original accused No.2 be released on bail on the same terms and conditions on which she was on bail during pendency of the trial, but on execution 4 criap-1221.11 of fresh bond, pending hearing and final disposal of criminal appeal No.141 of 2011, suspending the substantive sentence inflicted upon her, by judgment and order dated 15.3.2011, subject to payment of fine of Rs. 25,000/= before the trial court. It is made clear that release order shall not be issued until fine amount of Rs. 25,000/= is deposited by the applicant before the trial court. 7. Hamdast permitted. 8. Present application stands disposed of, accordingly. pnd/criap-1221.11 (SHRIHARI P. DAVARE, J.)