1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1728 OF 2009 IN CRIMINAL APPEAL NO.277 OF 2009 Ganesh s/o Bansi Jondhale Applicant Versus The State of Maharashtra Respondent Mr.R.J.Nirmal, advocate for the applicant. Mrs.S.S.Autade, A.P.P. For Respondent. CORAM: R.M.BORDE, J. DATE : 19th June, 2009. P.C.: 1 Heard Shri Nirmal, learned Counsel for the applicant and Mrs.S.S.Autade, learned A.P.P. For Respondent-State. 2 Applicant-accused is convicted for the offence punishable under Section 498-A of the I.P.C. and is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/-, in default, to suffer simple imprisonment for fifteen days. He is also convicted for offence punishable under Section 306 of I.P.C. and is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.4000/-, in default, to suffer simple imprisonment for three months. 3 It is stated that applicant-accused was enlarged on bail during the course of trial and that he has not misused the liberty granted 2 in his favour. 4 On perusal of the judgment, it appears that applicant- accused has prima facie good case. Apart from this aspect, appeal is also not likely to be taken up for final hearing and disposal, shortly. Considering the short sentence imposed against applicant-accused, it is desirable to suspend the substantive sentence of imprisonment imposed against the applicant, during pendency of appeal. 5 In this view of the matter, application is allowed. The substantive sentence of imprisonment imposed against the applicant- accused by Additional Sessions Judge, Parbhani on 22.05.2009 in Sessions Trial No.58/2007, stands suspended, during the pendency of appeal and applicant – accused Ganesh s/o Bansi Jondhale is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rs.Ten thousand) with one surety in the like amount. Bail before the trial Court. 6 Criminal Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/criappln172809