Cri.Appl.No.3754 of 2011 in Cri.Rev.Appl.No.181 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3754 OF 2011 IN CRIMINAL REVISION APPLICATION NO.181 OF 2011 Bhagwanta S/o.Bhau Dhamane, Age-60 years, Occu-Agriculturist, R/o.Sarolakasar, Tq. And Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra, Through Police Station, Nagar Taluka, Tq. and Dist. Ahmednagar RESPONDENT Mr.A.C.Darandale, learned counsel for the applicant. Mr.S.G.Nandedkar, learned A.P.P. for respondent State (CORAM : A.V.POTDAR, J.) DATE : 25/08/2011 PER COURT : 1. By the present application, the applicant has prayed for suspension of his substantive sentence and for his release on bail during the pendancy of the Criminal Revision Application no. 181/2011. 2. Heard learned counsel for applicant. Issue notice to Cri.Appl.No.3754 of 2011 in Cri.Rev.Appl.No.181 of 2011 respondent. Learned A.P.P. accepts notice on behalf of respondent. 3. Admittedly, the applicant was convicted by learned J.M.F.C. Ahmednagar in RTC No.170/1998 for an offence punishable u/s. 324 r/w. 34 of the IPC and was sentenced to suffer RI for 3 months and to pay fine of Rs.100/- with default stipulation to under SI for 15 days. This order of conviction was challenged before learned Sessions Court, Ahmednagar in Criminal Appeal No.90/1996. Appeal came to be dismissed on 13/07/2011. As the non bailable warrant was issued against the applicant, he had surrendered before the learned Sessions Court on 24/08/2011 and thereafter was taken in custody. As the applicant, admittedly, was on bail during the pendancy of trial before the Lower Court, and during the pendancy of appeal before the First Appellate Court, appellant is entitled to be released on bail on the same terms and conditions, on which he was released by the learned Lower Court, but on furnishing fresh surety and on executing fresh PR bonds in the like amount. Surety and PR bonds to be furnished before the learned Lower Court. 4. Application is accordingly allowed and disposed of accordingly. Parties to act on the authenticated copy, duly signed by the Shirastedar of this Court. (A.V.POTDAR, J.) khs/AUG.2011/cri.appl.3754-11