1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4456 OF 2009 IN CRIMINAL REVISION APPLICATION NO.351 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.Joydeep Chatterji, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent/ State (CORAM : A.V.POTDAR, J.) DATE : 17th DECEMBER 2009 The present application is moved by the revision applicant/original accused no.5 in RCC No.40/2003 (Old RCC No.164/1996) for his release on bail as the appeal filed by him bearing Criminal Appeal No.59/2004 was dismissed by the Principal Sessions Judge, Dhule by way of judgment and order dated 15/12/2009, by which the order of conviction was confirmed, which was passed by the J.M.F.C. Dondaicha in RCC No.40/2003 vide order dated 29/09/2004, but modified the sentence. It is informed that throughout the trial before the Trial Court as well as the 2 appeal pending before the First Appellate Court, the revision applicant was enlarged on bail and was enjoying the liberty. It is also informed that he has deposited the fine amount in the sum of Rs.1,000/- before the Trial Court when the Trial Court sentenced him. It is also informed that the fine amount was enhanced by the First Appellate Court to the tune of Rs.1,500/-, was deposited with same Court. He is taken in custody on 15/12/2009 after the judgment was pronounced by the Sessions Judge, Dhule. As the applicant was on bail throughout the trial before the Trial Court as well as the pendancy of appeal before the First Appellate Court, this application is allowed and the applicant be released on bail on same terms and conditions on which he was enlarged by the Trial Court, but on executing the fresh surety and on executing the fresh PR bond. The surety and PR bond be furnished before the First Appellate Court. Application stands disposed of accordingly. (A.V.POTDAR, J.) 3 khs/DEC 2009/cri.appl.4456-09