1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3114 OF 2010 IN CRIMINAL APPEAL NO. 293 OF 2010 Shridhar Jayawant Pondhe & ors. ...Applicants VERSUS The State of Maharashtra ...Respondent ..... Shri R.J.Nirmal, advocate for the applicants Shri B.J.Sonwane, A.P.P. for the respondent. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 11 th August, 2010 PER COURT : 1 Heard Shri R.J.Nirmal, advocate for the applicants/appellants(original accused nos. 1, 2, 3, 6, 7, 9, 11, 12 and 13) and Shri B.J.Sonwane, learned A.P.P. for the respondent. 2 I have already admitted Criminal Appeal No. 293 of 2010 preferred by the applicants/appellants (original accused nos.1, 2, 3, 6, 7, 9, 11, 12 and 13) by passing order separately therein, which has been filed by the applicants/appellants challenging the conviction and sentence 2 inflicted upon them rendered by way of the judgment and order dated 31.7.2010 by the learned Sessions Judge, Parbhani in Sessions Trial No. 8 of 2010, convicting the appellants (original accused nos. 1, 2, 3, 6, 7, 9, 11, 12 and 13) under Section 147 of the Indian Penal Code and sentencing them to suffer R.I. for 1 year and to pay fine of Rs. 3,000/- each, in default of non-payment of fine amount to suffer S.I. for one month; and also convicting them under Section 148 of the Indian Penal Code and sentencing them to suffer R.I. for 1½ years and to pay fine of Rs.5,000/- each, in default of non-payment of fine amount to suffer S.I. for two months; and also convicting them under Section 323 r/w Section 149 of the Indian Penal Code without imposing any sentence thereunder; and further convicting them under Section 324 r/w Section 149 of the Indian Penal Code and sentencing them to suffer R.I. for 2 years and to pay fine of Rs.1,000/- each, in default of non-payment of fine amount to suffer S.I. for one month; and also further convicting them under Section 307 r/w Section 149 of the Indian Penal Code and sentencing them to suffer R.I. for 5 years and to pay fine of Rs. 5,000/- each, in default of non-payment of fine amount to suffer S.I. for six months; as well as convicting them under Section 452 r/w Section 149 of the Indian Penal Code and sentencing them to suffer R.I. for 2 years and to pay fine of Rs. 2,000/- each, in default of non-payment of fine amount to suffer S.I. for three months; and all the said substantive sentences were directed to run concurrently. 3 Learned counsel for the applicants canvassed that the 3 applicants were on bail during the pendency of the trial and they have not misused the liberty granted to them. It is also contended by learned counsel for the applicants that some of the applicants are of old age and Criminal Appeal filed by the applicants/appellants has been admitted by this court and it is not likely that the said appeal would be taken up for hearing in near future, and therefore, applicants are entitled to be enlarged on bail suspending their respective substantive sentences till the hearing and final disposal of the appeal, in view of the law laid down by Hon’ble Supreme Court in the case of Kirankumar vs State of Madhya Pradesh, reported in AIR 2001 SCW 5130. 4 Learned counsel for the applicants also submitted that short term sentences have been awarded to the applicants/appellants, and therefore also, they are entitled to be enlarged on bail during the pendency of Criminal Appeal No. 293 of 2010. 5 Learned counsel for the applicants, on instructions, states that the applicants shall deposit the respective fine amounts before the trial court after passing pf this order, and therefore, urged that the applicants be released on bail pending hearing and final disposal of Criminal Appeal No. 293 of 2010. 6 In the light of the afore said facts, present application deserves to be allowed, subject to deposit of respective fine amounts by the applicants before the trial court. 4 7 In the result, present application is allowed and it is directed that the applicant nos. 1 to 9 be enlarged on bail on furnishing surety in the sum of Rs.15,000/- each and also on executing P.R. bond in the like amounts by each of the applicants, subject to payment of respective fine amount by each of the applicants, before the trial court, on the condition that the applicants shall give attendance before the trial court once in quarter till the disposal of Criminal Appeal No. 293 of 2010. It is made clear that the release order of bail shall be issued after deposit of respective fine amounts by each of the applicants before the trial court. Present Criminal Application No. 3114 of 2010 stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3114.10