FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL REVISION APPLICATION NO.137/2011 P.R.Katneshwar Advocate for the applicant. Mr. D.R.Korde APP for respondent No.2. CORAM : SHRIHARI P. DAVARE, J. DATE : 4TH JULY, 2011. 1. Heard learned respective counsel for the parties. 2. Issue notices to the respondents returnable within four weeks. 3. Learned APP accepts notice for respondent No.2 – state. 4. Stand over for four weeks. [ SHRIHARI P. DAVARE, J. ] --- Dt : 4.7.2011 AAA/137.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO.2785/2011 IN CRIMINAL REVISION APPLICATION NO.137/2011. P.R.Katneshwar Advocate for the applicant. Mr. D.R.Korde APP for respondent No.2. CORAM : SHRIHARI P. DAVARE, J. DATE : 4TH JULY, 2011. 1. Heard learned respective counsel for the parties. 2. This is an application preferred by the revisional applicant/original accused seeking bail, pending hearing and final disposal of Criminal Revision Application No.137/2011, since he has been convicted by the judgment and order dated 3.2.2009, rendered by 4 th Judicial Magistrate F.C., Dhule in STC No.6456/2003 and since the Criminal Appeal No.21/2009 preferred by the applicant was dismissed by the judgment and order dated 24.3.2011 by learned Additional Sessions Judge, Dhule, confirming the said conviction under section 138 of Negotiable Instruments Act and sentencing to suffer R.I. for 15 days and to pay fine of Rs.7,000/-, in default to suffer S.I. for one month. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 3. It appears that the applicant was on bail during the pendency of the trial as well as first appeal and there is no grievance of the respondents that the applicant misused said liberty. Moreover, learned counsel Mr. Katneshwarkar pointed out that out of fine amount of Rs.7,000/- the applicant has deposited an amount of Rs.3,000/- in March, 2009 and copy of the receipt is annexed at Exh.’D’ and learned Advocate on instructions of the applicant undertakes to deposit balance amount of fine of Rs. 4,000/- within the period of 15 days and said undertaking is accepted and taken on record. 4. It is further submitted that the applicant has surrendered before trial court on 4.7.2011 and xerox copy of the said purshis is produced on record and same is marked as document ‘x’. 5. In view of the aforesaid background, the applicant deserves to be enlarged on bail, pending hearing and final disposal of criminal revision application No.l37/2011. Hence, present application is allowed and applicant be released on same bail but on execution of fresh P.R. Bond before the trial FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders court. It is directed that the applicant shall deposit fine amount of Rs.4,000/- before the trial court within a period of 15 days. In the event of failure to deposit fine as directed within stipulated period, bail granted to the applicant shall stand cancelled automatically without reference to the court. 6. Present applicant stand disposed of accordingly. [ SHRIHARI P. DAVARE, J. ] --- Dt : 4.7.2011 AAA/137.11