1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION No. 2238 of 2010 IN CRIMINAL APPEAL No. 222 of 2010 Dnyneshwar Namdeo Pawar ...Applicant/Appellant VERSUS The State of Maharashtra ...Respondent ..... Shri Amol S. Sawant advocate for applicant Smt. B.R. Khekhale, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 25 th June, 2010 PER COURT : 2 Issue notice to respondent. Smt. Khekhale, A.P.P. Accept the notice for repsondent. 1 Heard learned counsels for the parties. 2. I have admitted the Criminal Appeal No. 222/2010 today only, by passing order separately on the said appeal. 3. This is an application preferred by the applicant/appellant (Ori. Accused) seeking bail pending hearing and final disposal of the said appeal by suspending substantiative sentence inflicted upon the applicant / appellant. The applicant contends that during the course of appeal the applicant was on bail and applicant never misused the said liberty. The applicant further submits that he has deposited the fine amount in the Trial Court. The applicant further submits that Trial Court has already suspended the sentence and protected the applicant U/Sec. 389 of Criminal Procedure Code, till the appeal period is over, granting bail to the applicant by executing personal bond of Rs. 15,000/- with one surety of like amount by way of order passed on 28/04/2010. Hence, applicant prays for protection by way of present application during the pendency of the Criminal Appeal No. 222/2010. 3. Considering the position that applicant /appellant has 3 been inflicted for short term sentence for the period of two years and also considering the position that the bail was granted till the period of appeal is over by the Trial Court suspending the substantiative sentence as aforesaid, the same bail needs to be continued on same terms and conditions, but on execution of fresh bond. 4. Hence, applicant be released on bail on the same terms and conditions on which he was granted bail by the learned Additional Sessions Judge, Dhule on 28/04/2010, but by executing fresh bond, during the pendency of Criminal Appeal No. 222/2010 by suspending the substantiative sentence till the final hearing and disposal of Criminal Appeal and present application stand disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. SDM* 2238.10Cri.Appln.