1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1958/2010 IN CRIMINAL REVISION NO.140/2010 Ashok s/o Jaynarayan Zawar Applicant. V E R S U S State of Maharashtra and another. Respondents. Mr. R.F. Totla, advocate for the applicant. Mr. Nandedkar, Assistant Public Prosecutor for Respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 21st MAY, 2010. PER COURT :- 1. Heard Mr. Totla, learned counsel for the applicant as well as Mr. Nandedkar learned APP for the respondent. 2. The applicant (original accused) has preferred accompanying revision application challenging the judgment and order passed by learned Judicial Magistrate First Class, Jalna in STCC No.1283/2006 on 18.09.2009 convicting the applicant under section 138 of the Negotiable Instruments Act and sentencing him to suffer simple imprisonment for 10 months and also 2 directing him to pay compensation to the complainant to the tune of Rs. 9,19,836/- within 30 days of the said order and also challenging the judgment and order dated 30th April, 2010 rendered by Extra Joint Adhoc Additional Sessions Judge, Jalna in Criminal Appeal No.77/2009 thereby dismissing the applicant’s appeal and prayed for his enlargement on bail suspending the aforesaid substantive sentence. 3. Learned counsel for the applicant submitted that applicant/accused was on bail during the pendency of the case before Judicial Magistrate First Class as well as during the pendency of the appeal before lower Appellate Court. Learned counsel for the applicant further submitted that applicant has deposited an amount of Rs.25,000/- before learned lower Appellate Court as per order of the said Court. Mr. Totla learned counsel for the applicant on instructions stated that applicant shall deposit amount of Rs. 5,00,000/- (Rs. Five lacs) out of the aforesaid compensation amount before the trial court immediately. 4. Learned counsel for the applicant submits that as per earlier directions of this Court dated 11th May, 2010 applicant has surrendered on 17th May, 2010 and presently is undergoing the sentence. 5. Considering the fact as contended by the learned counsel for the applicant that applicant was on bail during the pendency of the case before learned trial Court as well as during the pendency of the appeal pending before lower appellate Court and also considering the submission advanced by learned counsel for the applicant that applicant has already deposited 3 amount of Rs.25,000/- before lower Appellate Court as well as considering the position that learned counsel for the applicant on instruction made statement that applicant shall deposit amount of Rs. 5,00,000/- out of the aforesaid compensation amount immediately, there is no impediment in enlarging the applicant on bail during the pendency of present criminal revision suspending the aforesaid substantive sentence on the same terms and conditions but on on furnishing fresh bond. 6. In the result, present application is allowed and applicant be released on bail on the same terms and conditions on which he was granted bail during the pendency of the STCC No.1283/2006 but on furnishing fresh bond, suspending the aforesaid substantive sentence during the pendency of the present revision subject to deposit of Rs.5,00,000/- by the applicant before the trial Court. It is made clear that release warrant of the applicant be issued only after deposit of said amount before the trial court. 7. Parties to act on authentic copy duly signed by Sheristedar. ( SHRIHARI P. DAVARE ) VACATION JUDGE aaa/1958.10