ORDER : 1. Delay condoned. 2. Leave granted. 3. This appeal challenges the order dated 10.05.2024 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Application No.1752 of 2024 in Criminal Appeal No.401 of 2024. 4. The appellant was convicted and sentenced vide order dated 10.04.2024 by the Additional Sessions Judge, at Ahmednagar in Sessions (MPID) Case No. 323/2011 under Sections 177, 406, 409, 420, 465, 467, 471 read with Section 120-B of the Indian Penal Code, 1860 ("IPC") along with Section 3 of the MPID Act. The appellant was sentenced to undergo rigorous imprisonment concurrently for aforementioned offences with the maximum period of imprisonment of ten years. 5. Being aggrieved by the order of the Trial Court dated 10.04.2024, the appellant approached the High Court of Judicature at Bombay, Aurangabad by filing Criminal Appeal No.401 of 2024. During the pendency of the appeal, the appellant also preferred an application under Section 389 of the Criminal Procedure Code, 1973 (Cr.P.C.) seeking suspension of the jail sentence by filing an Interlocutory Application in a Criminal Application No. 1752 of 2024 in Criminal Appeal No.401 of 2024 before the High Court of Judicature at Bombay, Aurangabad Bench. The High Court dismissed the said application seeking suspension of sentence vide impugned order dated 10.05.2024 which is presently under challenge. Being aggrieved, the appellant approached this Court by filing present appeal. 6. We have heard learned senior counsel in support of the appellant and learned counsel for the respondent-State and perused the counter affidavit filed by the respondent-State. 7. Learned senior counsel appearing for the appellant submitted that insofar as other co-accused are concerned, the High Court has exercised its jurisdiction under Section 389 of the Cr.P.C. and has granted suspension of sentence even when the sentence was of life imprisonment for the similar offences. However, in the instant case the appellant has been imposed sentence of ten years only but the High Court has declined to suspend the sentence. 8. Learned senior counsel drew our attention to the order dated 22.10.2024 of the Bombay High Court, Aurangabad Bench in Criminal Appeal No.426/2024 in support of his submission. It was also brought to our notice that this Court has granted interim bail to the appellant herein owing to his serious medical condition. 9.
8. Learned senior counsel drew our attention to the order dated 22.10.2024 of the Bombay High Court, Aurangabad Bench in Criminal Appeal No.426/2024 in support of his submission. It was also brought to our notice that this Court has granted interim bail to the appellant herein owing to his serious medical condition. 9. In the circumstances, the said facts may be taken into consideration for the purpose of allowing the application seeking suspension of sentence and grant of bail pending consideration of his Criminal Appeal by the High Court. 10. Per contra, learned counsel for the respondent-State on instructions submitted that there is no merit in this appeal and the same may be dismissed. 11. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 389 of the Cr.P.C. 12. We, therefore, allow this appeal and set aside the order passed by the High Court dated 10.05.2024. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court. For the aforesaid purpose the appellant shall be produced before the Trial Court at the earliest. 13. Pending application(s), if any, shall stand disposed of.