1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.:3072 OF 2011 IN CRIMINAL APPLICATION NO.:2784 OF 2011 IN CRIMINAL REVISION APPLICATION NO.141 OF 2011 *** Ashok Dhondu Bhoi Applicant. VERSUS The State Of Maharashtra *** Mr. S.J.Salgare h/f Mrs. Jadhav Sadhana S. Advocate for applicant. Mr. V.D. Rakh, A.P.P. for Respondent/State Authorities *** CORAM : SHRIHARI P. DAVARE, J. DATE : 19 th JULY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant requesting to modify the earlier order dated 30.6.2011, passed in Criminal Application No.2784/2011, in Criminal Revision Application No.141/2011, thereby enlarging the applicant on bail, furnishing fresh surety with fresh bond. 2 3. Applicant contends that applicant has filed Criminal Revision Application No.141/2011, challenging the conviction and sentence imposed upon him by way of judgment and order dated 14.9.2001, rendered by Chief Judicial Magistrate, Jalgaon and confirming the same by Sessions Judge, Jalgon in Criminal Appeal No.61/2001, by way of judgment and order dated 15.6.2011. Moreover, the applicant preferred criminal application No. 2784/2011, for seeking bail, pending hearing and final disposal of said Criminal Revision Application. Accordingly, an order was passed therein on 30.6.2011, and applicant was directed to be enlarged on same bail with fresh P.R. Bond, to be executed before learned Sessions Court, Jalgaon, suspending the substantive sentences. 4. Accordingly, applicant submits that his son approached the office of Sessions Court for furnishing surety but he could not furnish the earlier surety as the said person had sold his property, therefore, he could not stand as a surety holder. Hence, son of the applicant requested the learned sessions Court for accepting a new surety, however, the learned Sessions Court refused to accept new surety on the ground that this court while granting bail, has directed to furnish same bail, with fresh P.R. Bond 3 by order dated 12.7.2011 and copy thereof is annexed at Exh.A’. Hence, the applicant has preferred present application for the prayers set out herein above. 5. In the light of the afore said position, present application deserves to be allowed, permitting the applicant to furnish fresh surety alongwith Fresh P.R. Bond in the interest of justice. 6. In the result, present application is allowed in terms of prayer clause [B] thereof and applicant be released on same bail amount i.e. Rs. 15,000/- but by furnishing FRESH SURETY alongwith Fresh P.R. Bond, suspending the substantive sentence, imposed upon him, pending hearing and final disposal of Criminal Revision Application No.141/2011, modifying the earlier order dated 30.6.2011, passed by this Court to that extent and present application stands disposed of accordingly. 6. Hamdast permitted. [ SHRIHARI P. DAVARE ] JUDGE ... AAA/3072.11