1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1845/2011 IN CRIMINAL APPEAL NO.216/2011 Vishnu Sonaji Khoche Applicant V E R S U S State of Maharashtra. Respondent Shri S.J. Salgare, h/f Smt. S.S. Jadhav, Advocate for appellant. Shri S.G. Nandedkar, A.P.P for respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 3 rd MAY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. Issue notice to the respondent. Learned APP waives service of notice for respondent. 3. This is an application preferred by the applicant/appellant (original accused) seeking bail pending hearing and final disposal of Criminal Appeal No.216/2011 suspending the substantive sentences inflicted upon him by way of 2 judgment and order dated 5.4.2011 rendered by Additional Sessions Judge, Ahmednagar in Special Case No.1/2007 thereby convicting the applicant/appellant (original accused) for the offence punishable under section 7 of Prevention of Corruption Act, 1988 and sentencing him to suffer R.I. for one year and to pay fine of Rs. 5,000/- (Five thousand rupees), in default to suffer further R.I for three months and also convicting him for the offence punishable under section 13 (1) (d) read with section 13 (2) of Prevention of Corruption Act, 1988 and directing him to suffer R.I. for one year and to pay fine of Rs.10,000/- (Ten thousand rupees), with default condition of non- payment of fine to suffer further R.I. for three months as well as directing that both the said substantive sentences would run concurrently. 4. It appears that the applicant/appellant has questioned the conviction and sentences inflicted upon him by judgment and order dated 5.4.2011 rendered by Additional Sessions Judge Ahmednagar, challenging the same before this Court by filing Criminal Appeal No.216/2011, which has been admitted by me 3 today only by passing order therein separately. It is also apparent that, there is no likelihood that said appeal would be taken up for final hearing in near future. 5. It appears that the applicant was on bail during the pendency of trial and it is submitted that he has not committed breach of any conditions imposed upon him. It is also submitted that the applicant has already deposited fine amount imposed upon him before the trial court. Apparently, substantive sentences inflicted upon the applicant/appellant is short term sentences. Besides that it is submitted by learned counsel for the applicant across bar that after conviction applicant was enlarged on bail by the trial court suspending the substantive sentences and said bail order is effective till 5 th of May, 2011. 6. Considering the aforesaid position and in view of the aforesaid facts since the applicant was on bail during the pendency of trial and there is no grievance of the respondent that he mis-used the said liberty and since the applicant/appellant has already deposited fine amount and since substantive sentences inflicted 4 upon him are short term sentences and since after conviction applicant is enlarged on bail, there is no impediment in enlarging the applicant pending hearing and final disposal of the criminal appeal No.216/2011. 7. In the result, this criminal application is allowed and it is directed that the applicant namely Vishnu Sonaji Khoche be released on bail, pending hearing and final disposal of Criminal Appeal No.216/2011 suspending the substantive sentences inflicted upon him by way of the judgment and order dated 5.4.2011, on the same terms and conditions on which he was enlarged on bail by the trial court after conviction but on execution of fresh bond. 8. Present criminal application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ... aaa/1845.11