1 264.10-revn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO.260 OF 2010 Dagu Namdeo Sonawane ..Applicant Vs. State of Maharashtra & Anr. ..Respondents Mr.S.K.Shinde i/b. H.E.Palwe for the applicant. Mrs.A.A.Mane, APP for the State. CORAM : K.U.CHANDIWAL,J. DATE : SEPTEMBER 2, 2011 PC. 1. Learned Counsel for the accused applicant submits that the matter is to be worked out with respondent No.2 State Bank of India. 2. None for the Bank­respondent No.2. A photostate copy of the communication dated 18th December, 2010 addressed to Bhuta & Associates, Advocates from the State Bank of India, Dindori Branch, Dist. Nashik is tendered. The communication informs, Shri Dagu Namdeo Sonawane (petitioner) herein has paid an amount of Rs. 38,163/­ vide BC No.810052 dated 18th December, 2010 favouring SBI, Dindori and a no­objection to release him on bail was recorded. The learned Counsel submits, indeed a consent terms between the petitioner and respondent No.2 are arrived at dated 26th April, 2011, signed by the applicant and also by respondent No.2 State Bank of India, Branch Dindori. 2 264.10-revn 3. The applicant was convicted by learned Judicial Magistrate, First Class, Nashik for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code and sentenced S.I. for 2 years and fine of Rs.5000/­. The challenge to the same before the learned Additional Sessions Judge at Nashik in Criminal Appeal No. 12 of 2002 did not yield any result. The conviction was confirmed by order dated 17th April, 2010. 4. The learned Counsel for the applicant is not in a position to inform whether the applicant was at any time in custody during trial. This was to consider set­off in the period undergone. 5. The Bank, as stated earlier, has recorded its no­objection. However, as the matter has been resulted into conviction as referred to above, instead of compounding the same, the Criminal Revision Application is partly allowed, the sentence is set aside to the extent of applicant herein. The fine amount of Rs.5000/­ is enhanced to Rs. 10,000/­. The fine to be paid before the learned Judicial Magistrate, First Class, Nashik within 30 days. The criminal revision application is allowed to the extent as above. (K.U.CHANDIWAL,J.)