{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2336 OF 2010 IN CRIMINAL REVISION APPLICATION NO.157 OF 2010 Rabbani Kadar Shaikh Age-52 years, Occ-Business R/o Near Madina Masjid H.No.4-11-44/37, Roshan Gate Karim Colony, Aurangabad APPLICANT VERSUS 1. The State of Maharashtra 2. Dayamkhan s/o Ibrahim Khan Age-65 years, Occ-Pensioner R/o Dada Colony, Aurangabad RESPONDENTS ....... Mr. Sk.Ashpak Taher Patel, Advocate for the applicant Mr. P.P.More, APP for respondent State Mr.V.M.Kagane, Advocate for respondent No.2 ....... [CORAM : A.V.POTDAR, J.] DATE: 28 th June 2010 PER COURT: 1. By the present application, the applicant has prayed to release him on bail during the pendency of criminal revision application No.157/2010, as he is taken in custody on 15th June {2} 2010 when the criminal appeal No.90/2009 filed by him was dismissed and the judgment and order dated 08.05.2008 passed in STCC No.9233/2006 was confirmed. 2. Admittedly, during the pendency of the trial and the appeal, the applicant was on bail. Learned counsel for respondent No.2 states that the amount of compensation awarded in this offence is Rs.70,000/- while in another offence the same is Rs. 50,000/- and out of the same the applicant has paid Rs.1,00,000/- and Rs.20,000/- is balance. It is stated across the bar that negotiations are going on between the parties for settlement of the dispute. In the premise, learned counsel for respondent No.2 has no objection, if the applicant is directed to be released 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 by the trial court, however on furnishing fresh surety and on executing fresh PR bond. The bail bonds to be furnished before the trial court. Thus, the substantive sentence awarded to the applicant is suspended till further orders. The application stands disposed of accordingly. Parties to act on the authenticated copy of this order. [A.V.POTDAR, J.] drp/B10/criapln2336-10 {3} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.157 OF 2010 Rabbani Kadar Shaikh Age-52 years, Occ-Business R/o Near Madina Masjid H.No.4-11-44/37, Roshan Gate Karim Colony, Aurangabad APPLICANT VERSUS 1. The State of Maharashtra 2. Dayamkhan s/o Ibrahim Khan Age-65 years, Occ-Pensioner R/o Dada Colony, Aurangabad RESPONDENTS ....... Mr. Sk.Ashpak Taher Patel, Advocate for the applicant Mr. P.P.More, APP for respondent State Mr.V.M.Kagane, Advocate for respondent No.2 ....... [CORAM : A.V.POTDAR, J.] DATE: 28th June 2010 PER COURT: 1. Heard learned counsel for the applicant. Issue notice to the respondents. Learned APP accepts notice for respondent No.1 and Mr.Kagne for respondent No.2. S.O. after 6 weeks. Within mean time call for Record and Proceedings. [A.V.POTDAR, J.] drp/B10/criapln2336-10