1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2599/2010 IN CRIMINAL APPEAL NO.254 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri G.P. Shinde, learned counsel for the appellant and Smt.B.R. Khekale, learned counsel for the respondent. I have admitted the Criminal Appeal No.254/2010 challenging the conviction and sentence inflicted upon the applicant- appellant by judgment and order dated 20.5.2010 by a separate order passed in the said appeal. This is an application preferred by the applicant – appellant seeking his enlargement on bail during hearing and final disposal of Criminal Appeal No.254/2010. 2 The learned counsel for the applicant submitted that the applicant was enlarged on bail by the learned trial Judge suspending his substantive sentence till the appeal period is over i.e. till 20.7.2010 and prayed that the same bail be continued. The learned counsel for the applicant further submitted that the applicant was on bail during pendency of the appeal and did not misuse the said liberty. It is also submitted by the learned counsel for the applicant that the applicant has deposited the fine amount before the trial Court. It is also canvassed by the learned counsel for the applicant that the short term sentence has been awarded to the applicant and since the appeal has been admitted, substantive sentence needs to be suspended during pendency of the appeal and the applicant deserves to be enlarged on bail during pendency and disposal of the appeal. Smt.B.R. Khakale, learned A.P.P. submitted to the orders of the Court. In the light of the aforesaid facts that 3 since the applicant was on bail during pendency of the trial and apparently as contended by the learned counsel for the applicant that he did not misuse the said liberty and since the applicant has deposited the fine amount, as canvassed by the learned counsel for the applicant, and further since the short term sentence has been inflicted upon the applicant by way of judgment and order dated 20.5.2010, he deserves to be enlarged on bail during pendency of Criminal Appeal No.254/2010 by suspending the substantive sentence. In the result, present application is allowed and the applicant be released on bail on the same terms and conditions on which he was enlarged on bail by the learned trial Court in connection with Crime No.24/2007 registered with Mandvi Police Station Tq.Kinwat Dist.Nanded but on furnishing fresh bond by suspending the substantive sentence inflicted upon the applicant- appellant during the pendency of Criminal Appeal No.254/2010, on the condition that 4 the applicant shall give his attendance before Mandvi Police Station Tq.Kinwat Dist.Nanded once in a quarter till disposal of the present appeal. Present Criminal Application stands disposed of accordingly. (Shrihari P. Davare , J) Dt/- 16.07.2010 ndk/cr167108