cran232.11 -1- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 232 OF 2011 IN CRIMINAL APPEAL NO. 99 OF 1999 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Mr. N.C. Garud learned counsel for the applicant. Since the criminal appeal is restored to its original position today by separate order, in my view, this application in the said appeal can be entertained. Counsel appearing for the applicant submits that in pursuance to the arrest warrant issued against the appellant-applicant, he was arrested and now he is in jail at Ahmednagar. Counsel further submits that as per the order dated 29.11.2010 passed by this court, the appellant-accused is taken into custody on 04.01.2011 by the learned Sessions Judge, Ahmednagar. Counsel appearing for the appellant-accused assures this Court that he will keep the appellant-accused present in the court as and when his appeal bearing No. 99 of cran232.11 -2- 1999 is listed for final hearing and as and when directed by this court. On the assurance and the arguments advanced by the counsel appearing for the applicant/appellant on merits, I am inclined to allow this application. Hence, criminal application is allowed. Pending the hearing and final disposal of criminal appeal No. 99 of 1999, the appellant- accused be released on same bail but on fresh bonds. Needless to mention that the order of conviction and sentence awarded against the appellant-accused shall stand suspended during pendency of the appeal. However, it is further made clear that in case the appellant- accused fails to make himself available on the date when the appeal is fixed for hearing and when this Court has asked the appellant- accused to remain present on any particular date, this Court may cancel the bail granted to the appellant-accused. The application is allowed in the above terms and disposed of. List criminal appeal No. 99 of 1999 for final hearing on 31.01.2011. (S. S. SHINDE. J.) Date:20.01.2011. rlj/ cran232.11 -3-