1  The U. S. Supreme Court has recognized that a petitioner enlarged on his own recognizance pending execution of sentence is "in custody" for purposes of the federal habeas corpus statute, and may seek relief thereunder since his release was subject to conditions. Hensley v. Municipal Court, 411 U. S. 345 (93 SC 1571, 36 LE2d 294) (1973). The opinion contains language suggesting that federal habeas relief is available, in limited instances, to persons arrested, released on their own recognizance, and awaiting trial. However,Hensley is best understood as interpreting "custody" to include those cases where a criminal defendant, already convicted and sentenced, would be imprisoned without further state judicial action had not the prison sentence been stayed by the federal court on habeas. [Justices of Boston Municipal Court v. Lydon, 466 U. S. 294, 327