1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1706 OF 2011 IN CRIMINAL APPEAL NO. 202 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 26.04.2011. Shri R.K.Temkar, Advocate, holding for Shri G.B.Rajale, Advocate for the applicant-appellant. -------- 1. Heard Shri R.K.Temkar, learned Advocate, holding for Shri G.B.Rajale, Advocate for the applicant-appellant. 2. Issue notice to the Respondent. Smt. Y.M.Kshirsagar, learned A.P.P. waives notice for the Respondent. 2 3. This is an application preferred by the applicant-appellant (original accused), seeking bail pending hearing and final disposal of above Criminal Appeal No.202 of 2011, by suspending the substantive sentences inflicted upon him by way of judgment and order dated 5.4.2011 rendered by Additional Sessions Judge, Ahmednagar, in Sessions Case No.84 of 2008, thereby convicting the accused for the offence punishable under Section 354 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs.500, with default condition that on non payment of fine, to undergo further rigorous imprisonment for one month, and also convicting him for offence punishable under Section 452 of IPC and sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs.500/=, in default, to suffer further rigorous imprisonment for one month, and also convicting him for offence under 3 Section 323 of IPC and sentencing to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-, and in default of payment of fine, to undergo further rigorous imprisonment for one month, and also directing that all the substantive sentences to run concurrently. 4. Apparently, after hearing rival submissions advanced by learned counsel for the parties, it appears that the applicant-appellant (original accused) was on bail during trial and there is no grievance by the respondent that the applicant misused the said liberty. Moreover, the applicant has questioned the convictions and sentences inflicted upon him by impugned judgment and order dated 5.4.2011, by filing aforesaid appeal against the same, and I have admitted the said appeal today only, by passing order therein, separately. Moreover, there is no likelihood that the said appeal would be taken up for final hearing in near future. 4 5. Besides that, the substantive sentences inflicted upon the applicant-appellant as set out hereinabove, are short term sentences. Further, after conviction, learned trial court suspended the substantive sentences and released the applicant on bail for one month from 5.4.2011. 6. It is also submitted that the applicant is young person having family and his old aged parents are dependents upon him. Considering the aforesaid facts, there appears to be no impediment in enlarging the applicant on bail during pendency of aforesaid criminal appeal No.202 of 2011. 7. In the result, application is allowed, and the applicant Somnath Pralhad Narke, is directed to be released on bail pending hearing and final disposal of Criminal Appeal No. 202 of 2011, suspending the substantive sentences inflicted upon him by way of 5 judgment and order dated 5.4.2011, by the learned Additional Sessions Judge, Ahmednagar, in Sessions Case No.84 of 2008, on the same terms and conditions on which learned trial court had released him on bail after conviction, but on execution of fresh bonds. 8. Present application stands disposed of, accordingly. pnd/criap-1706.11 (SHRIHARI P. DAVARE, J.)