1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.93 OF 2010 IN CRIMINAL REVISION APPLICATION NO.5 OF 2010 Bhagwan S/o.Laxman Chavan, Age-58 years, Occu-Service, R/o. Gangakhed, Tq.Gangakhed, Dist. Parbhani APPLICANT VERSUS 1. Dr.Suresh S/o.Kishanrao Kendre, and another RESPONDENTS Mr.M.P.Kale, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 18/01/2010 PER COURT : 1. Applicant who is the revision petitioner in Criminal Revision Application No.5/2010, was convicted by the 5th J.M.F.C. Latur in STC No.3238/2006, and held guilty for an offence punishable u/s. 138 of The N.I.Act and was sentenced to suffer SI for 6 months and to pay fine in the sum of Rs.2,000/-. The fine amount was paid. He was also directed to pay compensation in the sum of Rs.4,25,000/- This judgment was delivered on 23/10/2008. The judgment was challenged by preferring a criminal appeal bearing no.75/2008 which 2 came to be dismissed vide judgment and order dated 02/01/2010 by Ad-hoc Additional Sessions Judge-2 Latur. This order is impugned in the Revision Application No.5/2010. On the day on which the appeal came to be dismissed, the revision applicant was taken in custody and since then is in jail. 2. It is informed across the bar that the revision applicant was on bail through out the trial pending before the trial court as well as the appeal pending before the Appellate Court. As substantive question of Law is involved in the present revision, the applicant be released on bail. 3. Considering the fact as well as all the record of the trial Court which shows that during the trial, the applicant was on bail and also on bail during the pendancy of the criminal appeal. The fine amount awarded by the trial court was paid by the applicant before the trial court. Considering this aspect, the applicant be released on bail on the same terms and conditions on which he was earlier released by the trial court, but on executing fresh surety and on executing fresh PR bond and on depositing cash in the sum of Rs.2,00,000/- as a condition precedent. The release warrant be issued only after the applicant shall deposit Rs.2,00,000/- with the trial court. This application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.93-10