1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 625 OF 2009 IN CRIMINAL REVISION APPLICATION NO. 626 OF 2009 Hariprasad Jamnalal Vyas .. Applicant Vs. The State of Maharashtra .. Respondent Mr. Kuldeep Patil for the Applicant Mr. Shailesh More APP for the State CORAM : MRS. R. S. DALVI, J. DATE : 19th November, 2009. P.C.: 1. This is a gross case of cheating, misappropriation of property and consequent criminal breach of trust by the accused upon 33 innocent students who are to appear for examination. The criminal prosecution and the consequent conviction has been only under Sections 408 and 420 read with Section 34 of the Indian Penal Code. 2. The prosecution case as made out by the Advocate for the petitioner himself is that the petitioner collected examination 2 fees of 77 students but deposited the fees only of 44 students, resulting in remaining 33 students not being able to appear for the examination. Notice has to be taken first of the fact that the career of the 33 students has been ruined by the petitioner. The accused/applicant was initially convicted by the learned Judicial Magistrate First Class, Pune in RCC No. 555 of 1993 of offences punishable under Sections 408, 420 and sentenced to suffer Rigorous Imprisonment for one month and to pay fine of Rs. 1,000/- and in default further Simple Imprisonment for one month. In Criminal Appeal No. 166 of 1999 accused was released on bail. He absconded. NBW has come to be issued. It is still not executed. Upon going through the records, the learned Appellate Court dismissed the criminal appeal filed by the accused on 17.09.2009. That judgment has been impugned in this revision. 3. The accused is not yet before the Court. The accused is shown to have signed the Revision Application as a petitioner. The accused has applied for bail. 4. The accused shall forthwith surrender before the Court. The Senior Police Inspector of Shivaji Nagar Police Station, 3 Pune shall forthwith execute the NBW already issued in the Appellate Court, if the accused does not surrender. 5. The application for bail is rejected. 6. The Criminal Revision Application is stood over until 25th November, 2009. (R. S. DALVI, J.)