1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1366 OF 2010 IN CRIMINAL REVISION APPLICATION NO. 101 OF 2010 Ravindra Murlidhar Bhamre, age 30 years, occ.driver, r/o Pimpalkotha, Tq. Satana, District Nasik ...Applicant (Orig. accused) VERSUS The State of Maharashtra ...Respondent ..... Smt. D.G.Ansingkar, advocate for the applicant Shri P.P.More, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th April, 2010 PER COURT : 1 Heard Smt. D.G.Ansingkar, advocate for the applicant and Shri P.P.More, A.P.P. for the respondent. Issue notice to the respondent. Shri More, learned A.P.P. accepts notice for the respondent. 2 The applicant (original accused) has preferred the present application seeking bail suspending the substantive sentence during the pendency of Criminal Revision Application No. 101 of 2010. 2 3 The applicant was convicted by the learned Judicial Magistrate, First Class, Dhule by judgment and order dated 25.1.2007 in S.T.C. No. 2335 of 1999 for the offence punishable under Section 304 of the Indian Penal Code and was sentenced to suffer R.I. for one year and to pay a fine of Rs.1000/-, in default of payment of fine to suffer S.I. for 3 months; he was also convicted for the offence punishable under Section 337 of the Indian Penal Code and was sentenced to suffer R.I. For 3 months and to pay a fine of Rs. 500/-, in default of payment of fine to suffer S.I. for 2 months; as well as he was convicted for the offence punishable under Section 338 of the Indian Penal Code and was and was sentenced to suffer R.I. for 1 year and to pay a fine of Rs. 500/-, in default of payment of fine to suffer S.I. for 3 months; and he was also convicted for the offence punishable under Section 184 of the Motor Vehicles Act and was sentenced to suffer S.I. for 6 months and to pay a fine of Rs. 500/-, in default of payment of fine to suffer S.I. for 2 months; and it was directed that the substantive sentences shall run concurrently. 4 Being aggrieved and dissatisfied by the said judgment and order, the applicant/accused has preferred Criminal Appeal No. 8 of 2007 before the Court of Sessions, Dhule and the said appeal was partly allowed by judgment and order on 1.4.2010, and the order of conviction and sentence passed by the learned Trial Judge for the offence punishable under Sections 304A, 338, 337 of the Indian Penal Code and 3 under Section 184 of the Motor Vehicles Act was confirmed, however, the order of sentence passed by the Trial Court for the offence punishable under Sections 304A and 338 of the Indian Penal Code was modified and the accused instead of sentencing R.I. for one year was sentenced to R.I. for six months. 5 Being aggrieved and dissatisfied by the said judgment and order in appeal, the applicant has preferred Criminal Revision Application No. 101 of 2010 and prayed for bail during the pendency of said Revision Application, suspending the substantive sentence. Learned counsel for the applicant submitted that the applicant was on bail during the pendency of trial as well as during the pendency of appeal before the lower Appellate Court. It is also canvassed that the applicant has deposited the fine amount before the trial court. 6 Since the applicant was on bail during the pendency of trial as well as during the pendency of appeal before the lower Appellate Court and since the applicant has deposited the fine amount before the trial court as stated by the learned counsel for the applicant, there is no impediment in releasing the applicant on bail during the pendency of Criminal Revision Application No. 101 of 2010, on the same terms and conditions, but on executing fresh bonds before the trial court, suspending the substantive sentence inflicted upon him. 7 Hence, it is directed that the applicant be released on bail 4 during the pendency of the present Criminal Revision Application No. 101 of 2010 on the same terms and conditions, on which he was on bail earlier, but on executing fresh bonds before the trial court, suspending the substantive sentence. 8 Criminal Application No. 1366 of 2010 stands disposed of accordingly. 9 Parties to act on the authenticated copy of this order duly signed by the Court Sheristedar. (SHRIHARI P. DAVARE, J.) dbm/crap1366.10