1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2810 OF 2010 IN CRIMINAL REVISION APPLICATION NO.179 OF 2010 Vitthal Nagnath Dudhalkar, and others APPLICANTS VERSUS The State of Maharashtra and another RESPONDENTS Mr.K.M.Babhulgaonkar h/f.Mr.P.R.Rodge, learned counsel for applicants. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 23/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail during the pendancy of hearing of Cri.Rev.No.179/2010. 2. It appears that all these applicants were tried before the J.M.F.C. Tuljapur for the offences punishable u/s. 326, 323 r/w. 34 of IPC in RCC No.131/1998, in which they were convicted for the offence punishable u/s. 326 r/w. 34 of IPC by the Trial Court and sentenced to suffer SI for 3 years and to pay fine in the sum of Rs. 2 500/- i.d. to suffer further SI for 45 days each. This order of conviction was challenged by preferring Cri.Appeal.No.95/2008, which was partly allowed by the Sessions Judge, Osmanabad vide judgment and order dated 24/06/2010, which discloses that the conviction against the applicants was maintained by the First Appellate Court, however, the sentence was modified, and applicants were sentenced to suffer SI for 1 year and so far as the fine amount is concerned, there is no change. It appears that fine amount was deposited by the applicants in the Trial Court. It is not under dispute that during the trial before the trial Court as well as the appeal pending before the First Appellate Court, these applicants were enjoying the liberty of bail and were taken in custody on 24/06/2010, when the judgment was pronounced in Cri.Appeal No. 95/2008. In view of this, applicants be released on same terms and conditions, on which they were released on bail by the Trial Court, but on furnishing fresh surety and on executing fresh PR bonds in the like amount, to be executed before the Trial Court. Application stands disposed of accordingly. Parties to act on the authenticated copy of this order. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2810-10