{ 1 } IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1858 OF 2010 IN CRIMINAL REVISION APPLICATION NO.137 OF 2010 Nitin Sitaram Wankhede ... PETITIONER VERSUS The State of Maharashtra ... RESPONDENT ....... Mr. Joydeep Chatterji, Advocate for the applicant Mr. D.V. Tele, A.P.P. for the respondent ....... CORAM : SHRIHARI P. DAVARE. J. DATE: 7th May, 2010. PER COURT: 1. Heard Mr. Joydeep Chatterji, learned counsel for the applicant as well as heard Mr. D.V. Tele, learned A.P.P. for the respondent. Issue notice to the respondent. Mr. Tele, learned A.P.P. accepts notice for the respondent. 2. This is an application preferred by the applicant for enlargement on bail during the pendency of the accompanying Criminal Revision Application No.137/2010, suspending the substantive sentence. { 2 } 3. The applicant has filed the accompanying Criminal Revision Application, challenging the conviction and sentence awarded to him in S.C.C. No.2545/2002 under Section 279 of the Indian Penal Code and directing to suffer S.I. for three months and to pay fine of Rs.500/-, in default to suffer S.I. for 15 days, and also the conviction and sentence under Section 338 of the Indian Penal Code and to suffer S.I. for three months, inflicted by learned 2nd Judicial Magistrate, First Class, Aurangabad, by judgment and order dated 18.9.2008 and also challenging the conviction and sentence awarded to him by judgment and order dated 5.5.2010, rendered by learned Additional Sessions Judge-I, Aurangabad in Criminal Appeal No. 197/2008, which was filed by him before the said Court, which was allowed partly and sentence for imprisonment and fine awarded to the applicant under Section 279 of the Indian Penal Code was thereby confirmed, but the conviction and sentence under Section 338 of the Indian Penal Code was modified and he was sentenced under Section 337 read with Section 386(b)(iii) of the Code of Criminal Procedure and was sentenced to pay fine of Rs.500/- and in default, to undergo S.I. for seven days. 4. On the face of the aforesaid position, it is the contention of the applicant that, he was on bail during the trial as well as during the above referred appeal and the fine amounts awarded by learned { 3 } trial Court as well as learned lower appellate Court have been deposited in the respective Courts by the applicant. However, the applicant surrendered himself after pronouncement of judgment in appeal and he is undergoing sentence presently. Hence, the applicant prays that he be enlarged on bail in the present criminal revision application also on the same terms, suspending the above referred substantive sentences. 5. In the light of the aforesaid facts, since the applicant was on bail during the trial as well as during the appeal before the lower appellate Court, as contended by the learned counsel for the applicant and also since the applicant has deposited the fine amounts before the trial Court as well as before learned appellate Court, as stated by learned counsel for the applicants, present application is allowed and applicant be enlarged on bail on the same terms of bail, but on furnishing fresh bonds before the Court of Sessions, Aurangabad, suspending the above referred substantive sentences, and present application stands disposed of accordingly. SHRIHARI P. DAVARE JUDGE fmp/cri1858.10