1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINALAPPLICATION NO. 89 OF 2010 IN CRIMINAL APPEAL NO. 664 OF 2003 Pushpa Sadashiv Gholap ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri Rajendra Deshmukh, advocate for the applicant Shri S.D.Kaldate, APP for the respondent. .... CORAM : P.V.HARDAS AND SHRIHARI P.DAVARE, JJ. DATED : 11.01.2010 ORAL ORDER : 1 This is an application, by which the applicant seeks bail, pursuant to the arrest of the applicant, as a result of the order passed by this court for taking action against the applicant under Section 390 of the Code of Criminal Procedure. 2 2 It appears that the petitioner was tried for an offence punishable under Sections 302 r/w 34 and Sections 498-A r/w 34 of the Indian Pednal Code. The applicant came to be convicted for an offence punishable under Section 498-A of the Indian Penal Code and was acquitted in respect of the offence punishable under Section 302 of the Indian Penal Code. The applicant has filed Criminal Appeal No. 544 of 2003 questioning his conviction and sentence for offence punishable under Section 498-A of the Indian Penal Code. The learned Single Judge of this court, by order dated 18.9.2003 suspended the substantive sentence of imprisonment and enlarged the applicant on bail. 3 Subsequently, it appears that the State, being aggrieved by the acquittal of the applicant for offence punishable under Sections 302 r/w 34 of the Indian Penal Code has filed Criminal Appeal No. 664 of 2003. The Division Bench of this court granted leave and also directed that action under Section 390 of the Code of Criminal Procedure be taken against the applicant. The applicant surrendered to the custody of the Trial Court and the Trial Court, instead of releasing the applicant on bail, directed that the applicant be placed in Magisterial custody. The applicant thus being aggrieved is before us in this Criminal Application. 4 The applicant has been acquitted of offence punishable 3 under Section 302 of the Indian Penal Code and though the appeal has been admitted by the Division Bench of this Court, there is no reason to detain the applicant in prison. 5 In that light of the matter, the application is allowed and the applicant is directed to be released on bail, on the applicant furnishing P.R. bond in the sum of Rs. Ten Thousand with one surety in the like amount to the satisfaction of the Trial Court. 6 Appeal against acquittal to be heard along with the Appeal filed by the applicant. Humdast of this order allowed. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) dbm/crap89.10