1 criap-1355.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1355 OF 2011 IN CRIMINAL APPEAL NO.150 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 30.03.2011. 1. Heard Shri C.R. Deshpande, learned counsel for the applicant-appellant (original accused No.11). 2. Issue notice to Respondent. Shri S.G. Nandedkar, learned A.P.P. waives notice for Resp. 3. This is an application preferred by the applicant (original accused No.11) for bail, pending hearing and final disposal of appeal, suspending conviction and sentence inflicted upon him, vide judgment and order dated 31.1.2011 rendered by 2 criap-1355.11 learned Additional Sessions Judge, Nandurbar, in Sessions Case No.34 of 2009, for offence punishable under Section 323 of I.P.C. and sentencing him to suffer rigorous imprisonment for six months and pay fine of Rs.500/-, in default, to suffer further rigorous imprisonment for ten days, and also convicting him for offence punishable under Section 427 of IPC and sentencing him to suffer rigorous imprisonment for six months and to pay fine of Rs. 1000/-, with default condition that, on non payment, he shall suffer further rigorous imprisonment for twenty days. and directing to run both the sentences concurrently. 4. It appears from the copy of the impugned judgment and order itself shows that the applicant- accused has deposited fine amount before the trial court. 3 criap-1355.11 5. Moreover, I have admitted criminal appeal filed by the applicant, challenging conviction and sentence inflicted upon him, by passing separate order therein, today only. Further, the said appeal is not likely to be taken for final hearing in near future. Moreover, aforesaid substantive sentences inflicted upon the applicant, are short term sentences, as held in Kiran Kumar vs. State of M.P. 2001, AIR SCW 5130, 6. Besides that, it appears that the trial court had granted bail to the applicant, by suspending substantive sentences, by order dated 31.1.2011 for the period of two months, which is effective till today. It is also s submitted that the applicant was on bail during pendency of the trial, and there is no grievance by the respondent that the applicant misused the said liberty. 4 criap-1355.11 7. Having comprehensive view of the matter, present application deserves to be, and is accordingly allowed, and it is directed that the applicant Sudhakar s/o Shivdas Marathe be released on bail on the same terms and conditions of bail, as imposed by the trial court, but on execution of fresh bond, pending hearing and final disposal of criminal appeal No.150 of 2011, suspending substantive sentence inflicted upon the applicant by the impugned judgment and order. 8. Present application stands disposed of, accordingly. pnd/criap-1355.11 (SHRIHARI P. DAVARE, J.)