1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4254 OF 2009 IN CRIMINAL REVISION APPLICATION NO.335 OF 2009 Bhausaheb S/o.Nana Changhate, Age-38 years, Occu-Agriculture, R/o.Pimperkheda, Tq. Gangapur, Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.N.S.Ghanekar, learned counsel for the applicant. Mr.B.J.Sonwane, learned APP for State. (CORAM : A.V.POTDAR, J.) DATE : 08/12/2009 PER COURT : 1. Heard learned counsel appearing for the applicant. Issue notice to respondents. Learned APP accepts notice for respondent State. 2. The revision application is filed against the judgment and order passed in Cri.Appeal No.78/2006 dated 30/11/2009 by which the criminal appeal filed by the present revision applicant is partly allowed, but maintaining the order of conviction passed by the 2 J.M.F.C. in RCC No.13/2002 in which the revision applicant was convicted for an offence punishable u/s. 326 of IPC and sentenced to suffer RI of 15 months and to pay fine in the sum of Rs.2500/- i.d. to suffer SI for one month more. In appeal even though the conviction is maintained, the sentence awarded by the Trial Court to suffer 15 months of RI was converted into 12 months RI. Remaining order in respect of sentence passed by the Trial Court was maintained by the 1st Appellate Court, which is challenged by way of this revision. The papers shows that the revision applicant was throughout on bail during pendancy of the criminal case before the Trial Court, as well as during the pendancy of first appeal before the Appellate Court and was taken in custody on 30/11/2009 as he was present in the Court on the day when the judgment and order in Criminal Appeal No. 78/2006 was pronounced in the Court. Today it is prayed that as throughout the pendancy of the criminal trial as well as the criminal appeal, the applicant was on bail, he be released on bail considering the circumstances. The fine amount is already paid in the Trial court. In the premise, the revision applicant be released on bail on the same terms and conditions on which he was released by the Trial Court, but on furnishing fresh surety and on executing the fresh PR bond. The application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4254-09