IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.573 OF 2008 CRIMINAL APPLICATION NO.573 OF 2008 CRIMINAL APPLICATION NO.573 OF 2008 Govind Madhav Upase ..Applicant versus Mr. Dattatraya Madhav Habbu & Another ..Respondents Mr.Shekhar for the Applicant Ms.Shinde for the Respondent CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 22nd April, 2008. DATED : 22nd April, 2008. DATED : 22nd April, 2008. P.C. 1. This bail application arises in the peculiar circumstances and that is how notice to respondent No.1 is not given for the purpose of disposal of this bail application. 2. The learned JMFC, Pimpri convicted the applicant vide Order dated 10.2.2004 in Criminal Case No.4530 of 2002 and convicted the applicant under Section 138 of the Negotiable Instruments Act and sentenced the applicant to suffer rigorous imprisonment for three months and to pay compensation and ordered that in default of payment of compensation, the applicant should undergo rigorous imprisonment. The appeal filed by the applicant before the Addl. Sessions Judge, Pune came to be dismissed by Order dated 8.2.2008. The applicant came to be taken into custody on 8.2.2008 as is manifest in the impugned Order dated 8.2.2008 and since then the applicant is in custody. Today is 22.4.2008 i.e. the applicant has undergone detention for about two and half months i.e. he has practically served the substantive sentence. In my view, because of this development, if the applicant is not released on bail he will undergo imprisonment as provided by the Order passed by the learned Addl. Sessions Judge and thereby the revision application would become infructuous which is since been admitted. 3. Keeping in view the aforesaid facts and circumstances, I am inclined to release the applicant on bail pending the disposal of the revision application. Accordingly, I pass the following order: ORDER i. Applicant is granted bail pending disposal of Criminal Revision Application No.79 of 2008. ii. It is hereby ordered that the applicant be released on bail in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with one surety in the like amount. Applicant to execute P.R.Bond of Rs.10,000/- (Rupees Ten Thousand Only). iii) The learned Sessions Court shall act on the authenticated copy of this Order. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)