1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.366 OF 2010 Aftab Ali Shaikh Abutalib Shaikh .. Petitioner (Orig.Accused No.11) Versus The State of Maharashtra .. Respondent Shri Joydeep Chatterji, Advocate for petitioner Shri K.J.Ghute Patil, Assistant Public Prosecutor for respondent-State CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ DATE : 28th January 2010 PER COURT : 1. This is an application filed by the applicant/original accused No.11, who stands convicted for offences punishable under Section 3(2) (a) (e) (3), 4 (1) (2) of the Foreigners Act 1946 and under Clause 7 (1) (2) of the Foreigners Order 1948 punishable under Section 14 of the Foreigners Act and sentenced to rigorous imprisonment for four years with a default stipulation of undergoing further simple imprisonment for four months. The applicant being aggrieved by his conviction and sentence has filed Criminal Appeal No.26/2010. The aforesaid appeal came to be admitted by the learned Single Judge of this Court and the learned Single Judge while admitting the appeal directed that this appeal of the applicant be tagged along with Criminal Appeal No.339/2009 and Criminal Application No.3341 of 2009. It appears that the State being aggrieved by the 2 acquittal of the accused has filed Criminal Application No.3343 of 2009 in Criminal Application No.3341 of 2009, seeking condonation of delay and for grant of leave to file appeal against acquittal. Since the appeal of the applicant is directed to be tagged along with the pending applications filed by the State and since those applications are listed before us, the present application of the applicant has also been placed before us. 2. It appears that the applicant had been released on bail by the learned Single Judge of this Court, by order dated 13.9.2007, in Criminal Application No.3021/2007, pending the decision of the trial. The learned Single Judge had directed that the applicant be released on bail on his furnishing surety of Rs.5 lacs and had imposed certain conditions. There are no allegations that the applicant has misused the liberty exercised by the learned Single Judge of this Court in favour of the applicant. 3. Looking to the short term sentence which is imposed on the applicant and also looking to the fact that there is no likelihood of the appeal being taken up for hearing immediately, we allow this application and suspend the substantive sentence of imprisonment and order the enlargement of the applicant on the same bail as in trial Court with fresh bonds on the condition that the applicant shall report his attendance once in three months before the trial Court. The applicant, if he possesses a passport shall surrender the same before the trial Court within four weeks of his release. In addition thereto the applicant shall furnish a written 3 undertaking before this Court that he shall not leave the territorial limits of India without the prior permission of this Court. Application allowed accordingly. ( SHRIHARI P. DAVARE, J.) ( P.V. HARDAS, J.) (vvr/366.10criappln)