cran120.11 -1- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 120 OF 2011 IN CRIMINAL APPEAL NO. 8 OF 2011 (Shivaji Manikrao Salve Vs. State of Maharashtra) ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr. N.S. Ghanekar with Mr. N.G. Shah, counsel for the applicant. Mr. V.G. Shelke, A.P.P. for respondent-State. ..... Learned counsel for the applicant invited my attention to para 5 of the application and submitted that the applicant was on bail throughout the trial; however, after conviction he is taken in custody and at present he is in jail. Counsel further submitted that when the appellant-applicant was released on bail he has not misused the bail during trial. Learned A.P.P. opposed the application and submitted that this application deserves to be rejected. Upon hearing counsel for the applicant and the learned A.P.P. I am of the opinion that since the applicant was on bail throughout the cran120.11 -2- trial and he is convicted for the offence punishable under section 304 (Part-II) for five years and looking to the fact that this court right now is hearing and deciding the appeals of the year 1999, it is not possible to hear the appeal in near future, hence, applicant deserves to be released on bail. In the circumstances criminal application is allowed in terms of prayer clause “A”. The substantive sentence awarded by the Adhoc Additional Sessions Judge, Aurangabad vide judgment and order dated 4.1.2011 in Sessions Case No. 298 of 2008 stands suspended. The applicant-accused be released on same bail but on fresh bonds. Application stands disposed of. (S. S. SHINDE. J.) Date:13.01.2011. rlj/