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 CRI. APPLN/4687/2011 In APEAL/596/2011 BAPU VITHALRAO JADHAV AND ORS VERSUS THE STATE OF MAHARASHTRA ... Advocate for Petitioner(s) : Mr. Thombre Chandrakant V. APP for Respondent(s): Mr. S.N.Kendre ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 11, 2011 ... 1. Heard learned respective counsel for the parties. At the request of learned counsel for the applicant, leave to correct, granted. 2. This is an application preferred by the applicants/original accused nos. 1,3 and 5 seeking bail during the pendency of Criminal Appeal No.596/2011 suspending the substantive sentences inflicted upon them. 3. It appears that the applicants herein have been convicted and sentenced by judgment and order dated 10.10.2011 passed by learned Additional Sessions Judge-3, Beed in Sessions Case No.40/2011. By the said judgment and order the applicants were convicted for the offences punishable under sections 147, 148, 324 r/w 149 of Indian Penal Code, as well as under section 325 r/w 149 of I.P.C. and 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 they were sentenced to suffer R.I. for three months for the offence punishable under section 147 of Indian Penal Code, R.I. for three months for the offence p/u/s 148 of Indian Penal Code and also sentenced to suffer R.I. for six months and to paty fine of Rs.2,000/- each in default to suffer R.I. for months for the offence punishable under section 324 r/w/ 149 of I.P.C. and also were directed to suffer R.I. for six months and to pay fine of Rs.2,000/- and in default to suffer R.I. for one month for the offence p/u/s 325 r/w/ 149 of Indian Penal Code substantive sentences were directed to run concurrently and also direction was issued that 50% of the fine amount be paid to the complainant Uttam Nanabhau Ovhal towards compensation under section 357 of Code of Criminal Procedure, after appeal period is over. 4. The applicants herein have questioned the said convictions and sentences imposed upon them by filing Criminal Appeal No.596/2011. It appears that the applicants herein have deposited the fine amount before the trial court and applicants herein were released on bail, on execution of P.R. Bond in the sum of Rs.7,000/- each, with one surety in the like amount by each of them, by the learned trial court under section 389 (3) of Code of Criminal Procedure. It further appears that substantive sentences inflicted upon the applicants appear to be short term sentences. Respondent has 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 not pointed out any criminal antecedents of the applicants. Moreover, it is submitted that the applicants were on bail during the pendency of trial and they have not misused said liberty granted to them. 5. In the circumstances, present application deserves to be allowed and it is directed that the applicants be released on bail during the pendency of criminal Appeal No.596/2011, suspending the substantive sentences inflicted upon them on the same terms and conditions but on execution of fresh bond by each of them of the same amount and present application is disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) aaa/- ***