crapln316.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINALAPPLICATION NO.316 OF 2011 IN CRIMINAL APPEAL NO.25 OF 2011 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the appellant and learned A.P.P., for Respondent – State. 2 Perused the contents of the application. It is stated that during trial the applicant was released on anticipatory bail. However, after pronouncement of the judgment and conviction of the appellant, he is taken in jail from 4th January, 2011. The learned Counsel submits that when the appellant was on bail during pendency of trial, he has not crapln316.11 2 misused the bail. He, therefore, prays that appellant may be released on bail pending hearing of this appeal. 3 The learned A.P.P. vehemently opposed the application and submitted that since the trial Court has convicted the appellant, he may not be released on bail. 4 Upon hearing the learned Counsel for the parties, since the applicant / appellant was on bail during the pendency of trial and he surrendered pursuant to pronouncement of judgment and he is in jail for about one month, and taking into consideration the fact that appellant has not misused the bail, I am inclined to allow this application. crapln316.11 3 5 The application is allowed. The applicant shall be released on same bail, fresh bonds in the trial Court. Application stands disposed of. Registry to send the record & proceedings back to the concerned Court for preparation of paper-book. The concerned section of the trial Court to see that paper-book is prepared at the earliest and sent back to this Court. (S.S. SHINDE, J.) 09.02.2011. PLK/*