1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 433/2009 IN CRI.REVN.APPLN.NO.487/2009 Sambhaji R.Yadav Applicant VS. Shashikant Nerlekar & Anr. RESPONDENTS Mr.A.S.Patil for Applicant Mr.Kharge,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 11th AUGUST, 2009. P.C. . The learned counsel for the petitioner seeks permission to amend the prayer clause in delay condonation application. Permission granted. Amendment be carried out forthwith. 2] The petitioner has come before this Court as the learned Sessions Judge has rejected the application for condonation of delay of four days. The learned counsel submits that the petitioner is sentenced to suffer one month’s S.I.by the order dated 14/10/2008 .It is further submitted that his application for condonation of delay was rejected by the learned Ad Hoc Additional Sessions Judge on 2/3/2009 . Thereafter at that time the petitioner/accused was not taken in custody . He has moved the application under section 389(3) of the Criminal Procedure Code before the learned J.M.F.C.,however, the learned Magistrate was 2 not enjoying any power of suspension of sentence as the appeal was preferred. Hence the said application for suspension of sentence was rejected on 29/7/2009 and the accused was taken in custody on the same day. 3] The learned counsel for the petitioner submits that since then the accused is in jail,however,the accused has good case on merit . He further submits that the delay of four days may be condoned and the accused be released on bail. 4] Considering the facts of this case the application for bail is allowed. The same bail which was granted by the trial Court to continue with fresh bail bonds. Bail application stands disposed of accordingly. Issue notice to the respondents. Returnable on 8th September,2009. (MRS.MRIDULA BHATKAR,J.)