IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 245 OF 2011 IN CRIMINAL REVISION APPLICATION NO. 64 OF 2011 SHRI VISHAL VIJAY PALYEKAR., ... Applicant Versus SHRI ASHIWIN NAIK ... Respondent Shri S.D. Lotlikar, Senior Advocate with Ms. V. Palyekar, Advocate for the Applicant. Coram:- F. M. REIS, J. Date:- 23rd December, 2011 P.C.: Heard Shri S.D. Lotlikar, learned Senior Counsel appearing for the applicant. 2. This is an application for bail filed by the applicant on the ground that immediately after the impugned judgment came to be passed, the applicant has been taken in custody and has served the substantive sentence and is undergoing further imprisonment on account of default of payment of compensation. 3. Shri S.D. Lotlikar, learned Senior Counsel appearing for the applicant pointed out that he has a good case on merits and that the Courts below have misconstrued relevant provisions of law to come to the conclusion that the offence has been committed by the applicant punishable under Section 318 of the Negotiable Instruments Act. Learned Senior Counsel further pointed out that the applicant was on bail during the trial before the learned Magistrate as well as before the learned appellate Court and he will abide by any other conditions in case he is released on bail. Learned Senior Counsel, as such submits that the bail application deserves to be granted. 4. Having heard the learned Counsel and on perusal of the record, I find that taking note of the fact that the applicant was on bail during the trial as well as during the proceedings before the appellate Court and that he has served substantive sentence, the applicant is entitled to be released on bail subject to the conditions. 5. In view of the above, I pass the following order. O R D E R (i) The application is allowed. (ii) The applicant is directed to be released on bail on executing a personal bond of Rs.10,000/- to the satisfaction of the Jailer and a surety of the like amount to the satisfaction of the learned Sessions Judge, South Goa at Margao. (iii) The applicant shall also deposit in this Court a sum of Rs.25,000/- within three weeks from today. (iv) The applicant shall remain present in this Court at the time of hearing of the above revision application. (v) Application stands disposed of accordingly. F. M. REIS, J. NH