1 cra97.01 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2964 OF 2011 IN CRIMINAL APPEAL NO. 97 Of 2001 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri N.B.Suryawanshi, advocate for the applicant Smt. Y.M.Kshirsagar, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 14 th July, 2011. PER COURT :- 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant/appellant seeking fresh bail, pending hearing and final disposal of Criminal Appeal No. 97 of 2001. 3 The applicant/appellant/accused is produced before the Court by the Jail Authorities. 2 cra97.01 4 It is submitted that the applicant/appellant has preferred Criminal Appeal No. 97 of 2001, challenging the conviction and sentence imposed upon him by way of judgment and order, dated 30.12.2000, rendered in Sessions Case No. 24 of 1997, by the learned Additional Sessions Judge, Shrirampur, Ahmednagar, convicting him for the offence punishable under Section 436 of the Indian Penal Code and sentencing him to suffer R.I. for six months and to pay fine of Rs.3,000/-, in default to suffer R.I. for three months, and also directing that in case the fine amount is recovered from the accused, out of the said fine amount, an amount of Rs.500/- be paid to the complainant after the appeal period is over. 5 It is also submitted that the applicant was granted bail earlier suspending the substantive sentence imposed upon him and he was on bail. However, it is further submitted that the applicant did not receive the communication sent by earlier advocate Shri U.B.Dube to him, and therefore, he could not remain present before the court, which resulted into issuance of non-bailable warrant against the applicant/appellant, which was executed and the applicant/appellant was taken in custody and he is in custody presently at Central Jail, Aurangabad. 3 cra97.01 6 In the circumstances, since the applicant was granted bail earlier, he is required to be enlarged on fresh bail, pending hearing and final disposal of Criminal Appeal No. 97 of 2001, in the interest of justice. 7 In the result, present application is allowed and the applicant/appellant – Ramjan Mohammad Shaikh be released on fresh bail on furnishing P.R. Bond in the sum of Rs.5,000/- with one surety in the like amount, pending hearing and final disposal of Criminal Appeal No. 97 of 2001. The bail to be furnished before the Trial Court. The applicant/accused be sent back to jail till furnishing of bail. Criminal Appeal No. 97 of 2001 is posted for hearing on 27.7.2011. (SHRIHARI P. DAVARE, J.) dbm/cra97.01