{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3814 OF 2009 IN CRIMINAL REVISION APPLICATION NO.304 OF 2009 Rajesh s/o Karbhari Warkad Age-28 years, Occ-Pathologist, R/o Bahirgaon, Tq-Kannad Dist-Aurangabad APPLICANT VERSUS 1. Tushar s/o Balchand Chudiwal Age-27 years, Occ-Medical Practitioner R/o Samarth Nagar, Aurangabad 2. The State of Maharashtra RESPONDENTS ....... Mr.N.S.Ghanekar, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the state ....... [CORAM : A.V.POTDAR, J.] DATE: 18th November 2009 PER COURT: 1. The present applicant is convicted by the Judicial Magistrate First Class, Aurangabad in Summary Criminal Case No. 1667/2006 for an offence punishable u/s 138 of the Negotiable Instruments Act and is sentenced to suffer RI for 3 months and is directed to pay compensation of Rs.59,600/- vide order dated {2} 13.02.2008. The said order was challenged by the applicant by way of filing an appeal No.38/2008 and the said appeal came to be dismissed on 27.10.2009 by the Ad Hoc Additional District Judge, Aurangabad. The order passed in the appeal is impugned in the criminal revision application. 2. By the present criminal application, the applicant has prayed to release him on bail during the pendency of the criminal revision. On my query, it is informed that the applicant is surrendered and he is taken into custody on 27th October 2009 and since then he is in jail. According to learned counsel for the applicant, the applicant is in jail for 41 days, including his custody after 27th October 2009. Learned counsel for the applicant has also shown the original receipts dated 13.12.2008 by which the applicant had deposited Rs.8000/- and another dated 30.08.2008 by which the applicant has deposited Rs.20000/- towards compensation. However the appeal number as 30/2008 is mentioned in the receipt, which according to the learned counsel for the applicant is a clerical error. In view of the fact that the applicant has deposited total Rs.28000/- and is in custody for 41 days, case is made out to release him on bail. 3. In the result, the application is allowed. The applicant be released on bail on the same terms and conditions on which he was released on bail in the lower court, however on furnishing fresh surety and on executing fresh PR bonds. The application {3} stands disposed of accordingly. Original receipts are returned to the learned counsel with the direction to produce zerox copies of the same. [A.V.POTDAR, J.] drp/criapln3814-09 {4} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.304 OF 2009 Rajesh s/o Karbhari Warkad Age-28 years, Occ-Pathologist, R/o Bahirgaon, Tq-Kannad Dist-Aurangabad APPLICANT VERSUS 1. Tushar s/o Balchand Chudiwal Age-27 years, Occ-Medical Practitioner R/o Samarth Nagar, Aurangabad 2. The State of Maharashtra RESPONDENTS ....... Mr.N.S.Ghanekar, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the state ....... [CORAM : A.V.POTDAR, J.] DATE: 18th November 2009 PER COURT: 1. Heard learned counsel for the applicant. Issue notice to respondents. Learned APP accepts notice on behalf of respondent No.2. Notice of respondent No.1, returnable on 08.12.2009. [A.V.POTDAR, J.] drp/criapln3814-09