1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3024/2010 IN CRIMINAL APPEAL NO.276/2010. (Dinkar Dhangar Patil and Anr. Vs. State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : SHRIHARI P.DAVARE, J. DATE : 9 th August, 2010. ... 1) Heard Mr. SI Nanndode, learned Counsel for applicants and Mr. SD Kaldate, learned APP for State. 2) I have already admitted the Criminal Appeal No.276/2010 by passing an order separately therein on 6th August, 2010. 3) This is an application preferred by the applicants/appellants (original accused), seeking their enlargement on bail, during pendency and final disposal of Criminal Appeal No.276/2010, suspending the substantive sentences inflicted upon them by way of Judgment and order dated 19.06.2010 passed by learned Additional Sessions Judge, Amalner, in Spl. Criminal Case No. 3/2009. 4) The applicants/appellants have been convicted for the offence punishable 2 under Section 324 r/w Section 34 of the Indian Penal Code and were sentenced to suffer S.I. for six months and to pay fine of Rs.500/- each, in default to suffer S.I. for one month; and were also convicted for the offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act,1989; and each of them were sentenced to suffer S.I. for six months and to pay fine of Rs.500/-, in default to suffer S.I. for one month and both the substantive sentences are ordered to run concurrently; and the applicants/appellants have questioned the legality and correctness of the said conviction and sentence in Criminal Appeal No.276/2010. 5) Learned Counsel for the applicants/appellants submits that the applicants have been awarded a short term sentences and even after conviction and sentence, the learned trial Judge has granted bail to them for a period of two months from the date of judgment, i.e. 19.6.2010. The learned Counsel further submitted that the applicants/appellants have deposited the fine amounts saddled upon them by way of the impugned judgment and order. 6) The learned Counsel for the applicants further submitted that the applicants were on bail during pendency of the 3 trial and even after decision of the appeal, they were granted bail and they have not misused the liberty granted to them and, therefore, the applicants pray that the same bail be continued during pendency and final disposal of Criminal Appeal No.276/2010, by suspending the substantive sentences awarded to the applicants. 7) In the light of aforesaid facts, since the applicants/appellants were on bail during pendency of the trial and they have not misused the liberty granted to them, as contended by the learned Counsel for the applicants and since the applicants have been awarded short term sentences and since they have been enlarged on bail after conviction and sentence imposed upon them by the learned trial Judge and since the applicants have deposited the fine amounts, the applicants/appellants are entitled to be enlarged on bail during pendency and final disposal of Criminal Appeal No.276/2010 by suspending the substantive sentences inflicted upon them till final disposal of the said criminal appeal no.276/2010 by continuing the bail granted to them on same terms and conditions, but upon execution of fresh bonds. 8) In the result, the present application 4 is allowed and the bail granted to the applicants/appellants by learned trial Judge on 19.6.2010 stands continued, by suspending the substantive sentence inflicted upon the applicants, till final hearing and disposal of Criminal Appeal No.276/2010, on the same terms and conditions, but on execution of fresh bonds by each of them on the condition that the applicants/appellants shall give attendance before the trial court once in a quarter till disposal of the criminal appeal no.276/2010. 9) Criminal Application no.3024/2010 stands disposed of accordingly. (SHRIHARI P.DAVARE) JUDGE bdv/