1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Revision Application [REVN] No. 122 of 2011 with Criminal Application [APPR] No. 158 of 2011 (Radheshyam Bhayyalal Lilhare Vs. The State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. O. W. Gupta, Advocate for the applicant. Mr. D. B. Yengal, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. DATE : 14 th September, 2011. Heard. Admit. Learned APP waives notice on behalf of the respondent/State. Stand over to 5th October, 2011, for record and proceedings. APPR No. 158 of 2011:- Heard the learned counsels for the applicant and learned APP for the non-applicant/State. Learned counsel for the applicant submits that the applicant has filed revision application challenging the judgment and order, dated 22/06/2011, passed by the learned Ad-hoc Additional Sessions Judge, Gondia, in 2 Criminal Appeal No. 2/2007, confirming the judgment and order, dated 06/12/2006, passed by the learned Judicial Magistrate First Class, Tirora, in Regular Criminal Case No. 130/1998. Learned counsel for the applicant further submits that the applicant has raised various grounds in the revision application to challenge the impugned judgments and orders, including that the Courts below failed to consider the medical evidence in its proper perspective as well as the testimonies of the witnesses. He further submits that the applicant is an agricultural labourer and is of 60 years old. He further submits that the applicant was on bail during the trial and there is nothing on record to say that the applicant has violated any condition of the bail or jumped the bail and misused the liberty granted to him. He lastly submits that even considering the sentence, which can be termed as a short sentence, and the fact that the revision may take considerable time for its disposal, the sentence awarded to the applicant may be suspended and he be released on bail. There is considerable merit in the submissions of the learned counsel for the applicant. In view of the submissions of the learned counsel for the applicant and the reasons stated in the application, the application is allowed. 3 The sentence awarded to the applicant is suspended. The applicant be released on bail on the same terms as they were during the trial and on executing fresh bail bonds. Application is disposed of accordingly. JUDGE *sdw