- 1 - IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.995 OF 2010 IN CRIMINAL REVISION APPLICATION NO.77 OF 2010 Bajrang s/o Baburao Bosalwad ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.B. Talekar, Advocate for the applicant Shri P.P. More, A.P.P. for the respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATE : 15th March, 2010 ORAL ORDER : 1. Heard Mr. Talekar, learned counsel for the applicant as well as Mr. More, learned A.P.P. for the respondent. Issue notice to respondent. Learned A.P.P. accepts the notice for respondent. 2. By filing Criminal Revision Application No. 77/2010, the applicant herein has questioned the legality and correctness of the order of conviction and sentence recorded by learned Judicial Magistrate, First Class, - 2 - Mukhed in S.C.C. No.743/2004 against the applicant for the offence punishable under Section 304-A of the Indian Penal Code on 5.2.2007, directing him to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default of payment of fine, to suffer simple imprisonment for two months and also the judgment and order recorded by lower appellate Court i.e. learned Adhoc Additional Sessions Judge, Kandhar in Criminal Appeal No.8/2007, recorded on 3.3.2010, thereby dismissing the appeal of the applicant and confirming the conviction and sentence rendered against the applicant for the offence punishable under Section 304-A of the Indian Penal Code. 3. By the present application, the applicant herein seeks his enlargement on bail during the pendency of the said revision application, suspending the substantive sentence till its decision. The learned counsel for the applicant urged that the applicant herein was enlarged on bail during the pendency of the aforesaid trial as well as during the pendency of the above referred appeal. The learned counsel for the applicant further submitted that the applicant has deposited the fine amount which was imposed upon him before the learned trial Court. 4. In view of the aforesaid submissions, I am of the view that the applicant is entitled to be enlarged on bail - 3 - during the pendency of the aforesaid revision application on the same terms and conditions on which he was admitted to bail by the learned trial Court, but on furnishing fresh bail bonds and surety bond to that effect. Accordingly, the Criminal Application is allowed in terms of prayer clause (B) thereof and applicant be enlarged on bail on the same terms and conditions imposed upon him by the learned trial Court, but on furnishing fresh bail bonds and surety bond to that effect, suspending his substantive sentence till the disposal of present Criminal Revision Application No.77/2010. The application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) fmp/cri995.10