(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2821 of 2011 (In Criminal Appeal No. 342 of 2011) Devasingh Gulabsingh Nimrot, Age : 38 years, .. Applicant / Occupation : Agriculture, Appellant R/o. Anwa Pada, Taluka : Bhokardan, (Original accused no.2) District : Jalna. versus The State of Maharashtra. .. Respondent. ....................... Mr. Joydeep Chatterji, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 3RD AUGUST 2011 COURT'S ORDER : 1. Heard learned Counsel for the parties. (2) 2. Issue notice to the respondent. 3. Learned APP Mr. D.R. Korde accepts notice for the respondent. 4. This is an application preferred by the applicant / appellant (original accused no.2) seeking bail pending hearing and final disposal of Criminal Appeal No. 342 of 2011, suspending the substantive sentence imposed upon him by way of judgment and order dated 10-6-2011, rendered by the learned Additional Sessions Judge, Aurangabad, in Sessions Case No. 80/2008. 5. The applicant has questioned the conviction and sentence imposed upon him, by filing Criminal Appeal No. 342 of 2011, which has been admitted by me today only, by passing order therein separately, and there is no likelihood that the said appeal would be taken up for final hearing in the near future. 6. Moreover, substantive sentence imposed upon the applicant is of two years' rigorous imprisonment which is, apparently, short term sentence. So also, it appears that the applicant was on bail during the pendency of trial, and there is no grievance of the respondent that the said liberty was misused by (3) the applicant. Moreover, it is also pointed out that after conviction, learned trial court has suspended the substantive sentence imposed upon the applicant and enlarged him on bail till appeal period is over, by order dated 10-6-2011. Besides, it further appears that the applicant has deposited the fine amount before the learned trial court on 10-6-2011 itself. Hence, present application deserves to be allowed. 7. In the result, present Criminal Application is allowed, and it is directed that the applicant / appellant (original accused no.2), namely, Devasingh Gulabsingh Nimrot, be released on same bail, but on execution of fresh bond, pending hearing and final disposal of Criminal Appeal No. 342 of 2011, suspending the substantive sentence imposed upon him, by way of judgment and order dated 10-6-2011, on condition that the applicant shall give attendance before the learned trial court once in a quarter, till disposal of the appeal, and the present Criminal Application is disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka2821