1 Criminal Application No.4262 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4262 OF 2011 IN CRIMINAL REVISION APPLICATION NO.194 OF 2011 Shaikh Mukhtar S/o.Shaikh Turab, Age-42 years, Occu-Driver, R/o.Tq. And Dist. Latur APPLICANT VERSUS State of Maharashtra RESPONDENT Mr.A.A.Jagatkar, learned counsel for the applicant. Mr.S.G.Nandedkar, learned A.P.P. for respondent State (CORAM : A.V.POTDAR, J.) DATE : 29/09/2011 PER COURT : 1. By the present application, the applicant has prayed for suspension of his substantive sentence for an offence punishable u/s. 279 of the IPC, for which he was sentenced to suffer RI for 6 months and to pay in the sum of Rs.1000/- with default stipulation to undergo further RI for 2 months. He was also convicted for an offence punishable u/s. 338 of the IPC and was sentenced to suffer RI for 1 year and to pay fine in the sum of Rs.1,000/- with default stipulation to undergo further RI for 3 months. He was further 2 Criminal Application No.4262 of 2011 convicted for an offence punishable u/s. 304(A) of the IPC and was sentenced to suffer RI for 2 years and to pay fine in the sum of Rs. 3000/-, in default to suffer RI for 6 months in New RCC No. 483/1999, old RCC No.371/1998, by the learned J.M.F.C. Loha vide judgment and order dated 30/05/2002, which conviction and sentence was confirmed in Criminal Appeal No.82/2002 by the learned Additional Sessions Judge, Nanded by his judgment and order dated 29/09/2008. 2. Heard learned counsel for the applicant. Issue notice to respondent. Learned A.P.P. accepts notice for State. 3. By way of separate order passed in Criminal Application No. 3428/2011, dated 22/08/2011, application for condonation of delay was allowed. In the said order, it was made clear that bail application of the petitioner will be considered only after he will surrender before the Lower Court. 4. Today, statement is made in paragraph no.4 of this application that on 05/09/2011, the revision applicant had surrendered before the learned J.M.F.C. Loha. To that effect, certified copy is also produced on record, which is marked ‘X’ for identification. 5. It is urged and also matter of record that the applicant was convicted for short term sentence and he had deposited the fine 3 Criminal Application No.4262 of 2011 amount in the Lower Court. Record further shows that the applicant was on bail during the trial before learned J.M.F.C. Loha, so also during the pendancy of criminal appeal before the Additional Sessions Judge, Nanded. As now the applicant had surrendered and also deposited the fine amount as ordered by the Courts below, he be released on bail on same terms and conditions on which he was earlier released by the Trial Court, but on furnishing fresh surety and fresh PR bonds, which are to be executed before the Lower Court. Application stands allowed in the terms as stated above and stands disposed of. Parties to act on the authenticated copy of this order. (A.V.POTDAR, J.) khs/SEPT.2011/cri.appl.4262-11