1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2648 OF 2010 IN CRIMINAL APPEAL NO.253 OF 2010 Kalyan Dadarao Sawant and others. ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.V.D. Salunke, advocate for applicants Mrs.B.R. Khekale, A.P.P. for respondent. ..... CORAM : SHRIHARI P. DAVARE,J DATE : 19th July, 2010. PER COURT : 1. Heard Mr.V.D. Salunke, learned counsel for applicants as well as Mrs.B.R. Khekale, learned A.P.P. for respondent. 2. I have heard learned counsel for the parties in Criminal Appeal No.253 of 2010 and admitted the said appeal by passing separate order therein. 3. This is an application preferred by applicants/appellants (original accused nos.1, 4 and 6) seeking their enlargement on bail, as well as by applicants/appellants (original accused nos.2, 3 and 5) for 2 continuation of their bail pending hearing and final disposal of Criminal Appeal, challenging the conviction and sentence inflicted upon them by way of judgment and order dated 30.06.2010, rendered by learned Adhoc Additional Sessions Judge, Gangakhed in S.T. No.2/2009, convicting original accused nos.1, 4 and 6 under Section 306 of the Indian Penal Code and directing them to suffer R.I. for five years each and to pay fine of Rs. 1,000/- each, in default, to suffer R.I. for 50 days, and also convicting them under section 498A of the Indian Penal Code and directing them to suffer R.I. for two years each and to pay fine of Rs.500/- each, in default, to suffer R.I. for 25 days, as well as convicting the original accused nos.2, 3 and 5 under Section 306 of the Indian Penal Code and directing them to suffer R.I. for three years each and to pay fine of Rs.500/- each, in default, to suffer R.I. for 25 days, and also convicting them for the offence punishable under Section 498A of the Indian Penal Code and directing them to suffer R.I. for one year each and to pay fine of Rs.200/- each, in default, to suffer R.I. for 10 days and the substantive sentences were directed to run concurrently. 4. Learned counsel for applicants submits that applicants have been awarded short term sentences and all the applicants were on bail during the pendency of trial and all of them have deposited their respective fine amount imposed upon them before the trial Court. Learned counsel for applicants further submits that applicants have not misused the liberty of 3 bail which was granted to them during the pendency of trial. Further learned counsel for applicants submitted that applicants have been implicated falsely and their appeal is admitted by this Court and the Criminal Appeal is not likely to come for final hearing immediately in future., Therefore, he submitted that the substantive sentences awarded to applicants (original accused nos.2, 3 and 5) be suspended till the hearing and final disposal of Criminal Appeal No.253/2010. 5. Learned counsel for accused nos.1, 4 and 6 submitted that their substantive sentences were not suspended by learned trial Court and hence, they seek that their substantive sentences be suspended during the pendency of hearing and final disposal of Appeal and they be enlarged on bail. Learned counsel for original accused nos.2, 3 and 5 submits that their substantives sentences were suspended by trial Court and they have been released on bail and their bail be continued during the pendency of hearing and final disposal of Criminal Appeal filed by them by suspending their substantive sentences. 6. Mrs.B.R. Khekale, learned A.P.P. opposed the application and submitted that the present application bears no substance and same is devoid of any merits and is liable to be rejected. 7. After considering the rival submissions advanced by learned 4 counsel for the parties, since applicants were on bail during pendency of the trial and apparently they have not mis-used the said liberty granted to them as contended by learned counsel and since the applicants have deposited their respective fine amount before the trial Court as contended by learned counsel for applicants and since the appeal filed by applicants has been admitted and it is not likely to be taken for final hearing immediately in near future therefore, they are entitled to be enlarged on bail during pendency of Criminal Appeal No.253/2010. 8. As regards the original accused nos.2, 3 and 5 as contended by learned counsel, their substantive sentences have been suspended by learned trial Court enlarging them on bail, their bail needs to be continued till the hearing and final disposal of Criminal Appeal in the interest of justice by suspending their substantive sentences on the same terms and conditions as imposed by learned trial Court but on executing fresh P.R. bond. 9. As regards the original accused nos.1, 4 and 6, they are required to be enlarged on bail pending hearing and final disposal of Criminal Appeal No.253/2010 by suspending their substantive sentences in the interest of justice. 10. In the result, present application is allowed and bail granted to 5 original accused nos.2, 3 and 5 by learned trial Court stands continued on the same terms and conditions during the pendency of hearing and final disposal of Criminal Appeal No.253/2010 by suspending the substantive sentences but on executing fresh P.R. bond by each of them in connection with C.R. No.56/2008 with additional condition that they shall report before Incharge of Sonpeth Police Station once in a quarter till the disposal of the Criminal Appeal No.253/2010. 11. The present application of the original accused nos.1, 4 and 6 is allowed and it is directed that they be released on bail in connection with C.R. No.56/2008 registered with Sonpeth Police Station on furnishing surety in the sum of Rs.15,000/- each and on executing the P.R. bond in the like amount by each of them on the condition that the applicants shall report before the Incharge of Sonpeth Police Station once in a quarter till the disposal of the Criminal Appeal No.253/2010. (SHRIHARI P. DAVARE) JUDGE gas/cri2648.10