1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3068 OF 2010 IN CRIMINAL APPEAL NO. 286 OF 2010 1 Jallu s/o Bapu Fotare 2 Raju @ Rajesh s/o Bapu Fotare 3 Bajirao s/o Bapu Fotare ...Applicants Versus The State of Maharashtra and others ...Respondents ..... Mr. N.G. Shaha, advocate for the applicants Mr. V.D. Godbharle, A.P.P. for respondent ..... CORAM: S.B. DESHMUKH & S.S. SHINDE, JJ. DATED: 10TH AUGUST, 2010 PER COURT:- 1 We heard learned counsel for the applicants and learned A.P.P. for the respondent. 2 Counsel appearing for the applicants submitted that the present applicants, who were accused Nos. 2, 3 and 4, were tried with original accused No.1 for various offences. On trial, the present applicants 2 have been convicted for the offence punishable under Section 323 r.w. 34 of I.P.C. and sentenced to suffer S.I. for six months and to pay fine of Rs.500/- each i/d each of them to suffer S.I. for 15 days. He further submitted that all these applicants were on bail during trial. Their bail bonds now forfeited by the trial court, however, they have been released on bail by the trial court. The fine imposed by the trial court is deposited by them. Learned A.P.P. fairly points out page 38 of the compilation i.e. copy of the judgment of the trial court. From this endorsement, it is clear that the amount of fine, as directed, has been deposited by these accused persons. Apart from this, counsel appearing for the applicants also made available a copy of the order passed on application below Exh. 68 in Sessions Case No. 163 of 2007, it is marked by letter “X” for identification and taken on record. This order shows that the present applicants’ sentence to suffer S.I. for six months for the offence punishable under Section 323 r.w. 34 of I.P.C., has been suspended by the trial Court till the appeal period is over. This order is passed on 21.7.2010, on which the judgment in Sessions Case No.163 of 2007 is delivered. 3 In our view, since these applicants have been sentenced for a period of six months only and the fine imposed by the trial Court for an amount of Rs.500/- each, have already been deposited by them, they deserve to be granted bail. 3 4 In the result, the applicants are directed to be released on bail on their furnishing P.R. bond of Rs.15,000/- each with one surety in the like amount. The bail bond to be furnished in the trial court. 5 Criminal application accordingly is allowed and disposed of. ( S. S. SHINDE. J.) (S.B. DESHMUKH, J.) rlj/