1 Cri.A.No.1167.2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1167 OF 2010 IN CRIMINAL APPEAL NO 133 OF 2010 [Gajanan Vishwasrao Nagre V/s. The State of Maharashtra] Mr.Joydeep Chatterji,Advocate for Applicant Mr.N.H.Borade,APP for Respondent-State Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1] Heard. 2] Perused impugned judgment and the evidence. Though, the learned Judge took into account the Judgment of Deelipsingh’s case (2005(2) Mh.L.J. 147(Supreme Court), apparently he did not apply the ratio of the Judgment to the facts of the case properly. Therefore, there is lot of scope for further discussion in the Appeal. I am of the view that the applicant deserves bail. The applicant be released on on executing P.R. bond of Rs.5000/- [Rs. Five thousand] and one surety of 2 Cri.A.No.1167.2010 like amount. Pending hearing and disposal of the petition the substantive sentence of imprisonment awarded by the learned Adhoc Additional Sessions Judge-1 Jalna in Sessions Case No.05 of 2009 dated 15.03.2010 shall stand suspended. 3] The Criminal Application is disposed of accordingly. Sd/- DT.: 30.03.2010 [A.V.NIRGUDE,J.] MTK