1 cri appln 182.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 182 OF 2011 IN CRIMINAL APPEAL NO. 13 OF 2011 Digambar Madhav Mundhe .. Applicant Versus The State of Maharashtra .. Respondent Shri Amit Mukhedkar, Advocate h/f Shri B. S. Mundhe, Advocate for the Applicant. Shri V. D. Rakh, A.P.P. for the Respondent/State. CORAM : S. S. SHINDE, J. DATE : 10TH FEBRUARY, 2011. PER COURT : . Heard learned counsel appearing for the applicant and learned A.P.P. for the State. Learned counsel for the applicant submitted that, the applicant/accused is convicted for the offence punishable U/Sec. 304-II of the Indian Penal Code and sentenced to suffer R. I. for seven years. Since this Court is hearing the matters of the year 1999, 2000 there is no possibility that the matter will be heard in near future. He further submitted that, 2 cri appln 182.11 applicant was in jail during pendency of trial from 29.12.2009 to 06.04.2010 and after the impugned judgment is passed from 30th December, 2010 till date. Therefore, this Court may consider the application favourably, since the applicant has not misused the bail granted him during the pendency of trial. 2. The learned A.P.P. vehemently opposed the application and submitted that, in fact, the applicant should have been convicted for the offence punishable U/Sec. 302 of the I. P. Code, however, is convicted U/Sec. 304-II of the I. P. Code. The conviction is for seven years, therefore, the applicant may not be released on bail. 3. On hearing counsel for the applicant and learned A.P.P. for the State and upon perusal of the record, it appears that, the applicant/appellant was on bail during the pendency of Trial. He has not misused the bail and he was in jail for about five to six months and it is not likely that appeal will be heard in near future. I am inclined to allow this application for bail. Hence application for bail is allowed. The applicant should be released on bail on furnishing same bail on fresh bond. The sentence awarded to the applicant by the judgment and order of the Adhoc Additional Sessions Judge, Gangakhed in Sessions Case No. 3 cri appln 182.11 25/2010 dated 30.12.2010 stands suspended till the disposal of this appeal. The learned counsel for the applicant makes a statement that the applicant will deposit fine amount of Rs. 2,000/- before the Trial Court if not paid. It is made clear that, unless fine amount is deposited the applicant should not be released on bail. The application stands disposed of. [ S. S. SHINDE, J.] bsb/Feb. 11