crirevappln82.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 82 OF 2010 SHAIKH RAIS ABDUL RAHEMAN .. APPLICANT VERSUS THE STATE OF MAHARASHTRA .. RESPONDENT ... Mr. N.G. Shah, advocate holding for Mr. N.S. Ghanekar, advocate for the applicant. Mr. S.G. Nandedkar, APP for the State. ... CORAM : A. V. POTDAR, J. Dated: September 21, 2011 PER COURT : 1 This revision application is preferred challenging the judgment and order in Criminal Appeal no. 103/2005 dated 11-3-2010 passed by the Additional Sessions Judge – 2, Aurangabad. 2 Criminal Appeal no. 103/2005 is preferred against the order of crirevappln82.10 2 conviction and sentence passed by the J.M.F.C., Gangapur in RCC no. 105/2004 in which the applicant / accused was convicted for offence under section 338 of the Indian Penal Code and was sentenced to pay fine of Rs. 1,000/-, in default to undergo SI for one month. Applicant / accused was also convicted for offence punishable under section 304-A of the Indian Penal Code and was sentenced to suffer SI for four months. In the appeal, even though conviction of the appellant was maintained, the sentence was modified. Sentence of the applicant / accused was maintained so far as conviction under section 338 of the Indian Penal Code is concerned. So far as conviction under section 304-A of the Indian Penal Code is concerned, the sentence is modified by the appellate court to the term of SI for two months. 3 After this revision was preferred before this court, by order dated 19-3-2010, applicant was allowed to be released on bail. It is informed across the bar that even though the applicant was ordered to be released on bail by this court in Criminal Application no. 1056/2010, the applicant had not availed the bail granted by this court. It is further informed that the applicant has already undergone the sentence awarded by the court below and thereafter released from jail. Learned counsel for the applicant crirevappln82.10 3 states on instructions that as the applicant has already undergone the sentence, he does not intend to prosecute further in this criminal revision. In view of this, Criminal Revision Application no. 82/2010 stands dismissed as not pressed. ( A. V. POTDAR, J. ) dyb