1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4016 OF 2009 IN CRIMINAL REVISION APPLICATION NO.317 OF 2009 1. Dinesh S/o.Baburao Gadekar, Age-21 years, Occu-Agriculturist, 2. Jitendra S/o.Baburao Gadekar, Age-23 years, Occu-Agriculturist, Both R/o.Village Nidhona, Tal.Phulambri, Dist.Aurangabad APPLICANTS VERSUS The State of Maharashtra Through P.S.Wadodbazar, Tal.Sillod, Dist. Aurangabad RESPONDENT Mr.J.V.Deshpande, learned counsel for the applicants. (CORAM : A.V.POTDAR, J.) DATE : 19/11/2009 PER COURT : 1. These applicant accused were convicted by way order of J.M.F.C. Sillod, Dist. Aurangabad in RCC No.187/2001 for an offence punishable u/s. 323, 324 r/w.34 of IPC and were sentenced to suffer RI for 6 months and to pay fine in the sum of Rs.1,000/- each. Initially these accused were released on bail by the learned J.M.F.C. 2 in the case pending before the learned J.M.F.C., but within meantime they were taken in custody in connection with Sessions case No. 151/2003 and in view of that they remained in custody during pendancy of the said criminal case before the Learned J.M.F.C. The order passed by the learned J.M.F.C. was challenged before the Learned Sessions Judge, Aurangabad , where the order of conviction was confirmed by the learned Sessions Judge, which is under challenge by way of present revision application no.317/2009. Within meantime, the Session Case in which these applicants were arrayed as an accused, was ended in conviction against which appeal No. 116/2007 and 20/2007 were came to be preferred by original complainant as well as the accused herein. These appeals came to be heard together alongwith the criminal appeal No. 254/2007 and 678/2006 which were decided by the Division Bench of this Court on 10/11/2009 and the order of conviction recorded in the said Sessions Case was set aside and they were ordered to be released on bail if not required in any other case. As the applicants were released on bail by the Trial Court at the initial stage and were not in custody in connection with that case, but during the pendancy of the criminal appeal, they were in custody in connection with the Sessions Case against which the criminal appeals were pending before the High Court. At this stage, they be released on bail on the same conditions i.e. on furnishing the same surety on executing PR bond in the like amount when they were released by the learned J.M.F.C. Accordingly this application for bail is allowed with following order : 3 O R D E R 1. The applicants accused be released on bail on furnishing the surety and PR bond on which they were earlier released, but on executing freshy surety and on giving fresh PR bond in the like amount. 2. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.4016-09