FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders CRIMINAL APPEAL NO.277/2010 CORAM : SHRIHARI P. DAVARE, J. DATE : 29 th JULY, 2010. 1. Heard Mr. S.T. Shelke learned counsel for the appellants and Mrs. B.R. Khekale learned APP for the respondent. 2. This is an appeal preferred by the appellant/original accused challenging the conviction and sentence inflicted upon them by way of judgment and order dated 9.7.2010 rendered by Additional Sessions Judge, Sangamner in SC No.15/2004 convicting the appellant No.1 for offence punishable under section 326 of Indian Penal Code and sentencing him to suffer RI for three years and to pay fine of Rs.1,000/- in default to suffer SI for one month and also convicting appellant No.2 under section 323 of Indian Penal Code and directing him to suffer RI for three months and to pay fine of Rs.500/- in default to suffer SI for 15 days. 3. ADMIT. 4. Mrs. Khekale learned APP accepts notice after admission. ( SHRIHARI P. DAVARE, J. ) Dt : 29.07.2010 aaa/277.10 .... FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders CRIMINAL APPLICATION NO.2995/2010 IN CRIMINAL APPEAL NO.277/2010 CORAM : SHRIHARI P. DAVARE, J. DATE : 29 th JULY, 2010. 1. Heard Mr. S.T. Shelke learned counsel for the appellants and Mrs. B.R. Khekale learned APP for the respondent. 2. I have admitted Criminal Appeal No.277/2010 preferred by the applicant/appellants, challenging the conviction and sentence inflicted upon them by order passed separately in the said appeal, today. 3. This application preferred by the applicants No.1 and 2, seeking their enlargement on bail, pending the hearing and disposal of criminal appeal No.277/2010, challenging the conviction and sentence inflicted upon them by way of judgment and order dated 9.7.2010 rendered by Additional Sessions Judge, Sangamner in SC No.15/2004 convicting and sentencing the appellant No.1 for offence punishable under section 326 of Indian Penal Code as well as convicting and sentencing the appellant No.2 for the offence punishable under section 323 of Indian Penal Code and appellant No.1 is sentenced to suffer RI for three years and to pay fine of Rs. 1,000/- in default to suffer SI for one month and appellant No.2 has been directed to suffer RI for three months and to pay fine FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders of Rs.500/- in default to suffer SI for 15 days. 4. Learned counsel for the applicants canvassed that the applicants were on bail during the pendency of the trial and they have not misused the said liberty. Moreover, it is also submitted that the applicants were granted bail by the learned trial court on the date of conviction i.e. on 9.7.2010 itself under section 389 of Cr.P.C. for the period of one month and learned counsel for the applicants pray that same bail be continued suspending the substantiative sentence inflicted upon them till the disposal of criminal appeal No.277/2010. Learned counsel for the applicants also submitted that applicants have already deposited fine amount before the trial court. 5. In the light of aforesaid submission made by learned counsel for the applicants, it is necessary to continue the bail granted to the applicants earlier till the disposal of the present appeal No.277/2010 on the same terms and conditions but on executing fresh bond. 6. In the result, present application is allowed and bail granted to the applicants No.1 and 2 by the learned trial court stands continued till the disposal of appeal suspending the substantiative sentences inflicted upon them till then, on the same terms and conditions, but on executing fresh bonds by FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders each of them, on the condition that the applicants shall give attendance before the learned trial court once in a SIX Months till the disposal of the appeal. 7. Present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) Dt : 29.07.2010 aaa/277.10 ....