Bombay High Court
Roshan Ananta Patil vs Deepak Laxman Ghogare And Anr on 11 December, 2019
Author: N. J. Jamadar
Bench: N. J. Jamadar
905 IR 2 OF 2019
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2 OF 2019
IN
CRIMINAL REVISION APPLICATION (ST) NO.651 OF 2019
Roshan Ananta Patil ... Applicant
V/s.
Deepak Laxman Ghogare
and anr ... Respondents
Mr. Satyaram Radheshyam Gaud, for the Applicant.
Mr. N. B. Patil, APP for respondent State.
CORAM : N. J. JAMADAR, J.
DATE : 11th December, 2019. P.C. : 1] Heard the learned counsel for the applicant. 2] This application has been preferred by the applicant for suspension of
sentence and enlarging the applicant on bail, during the pendency of the Revision Application.
3] The applicant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in C.C. No.19899 of 2012 and sentenced to suffer Simple Imprisonment for three months, with direction to pay compensation of Rs.26,00,000/-, to the complainant, with default stipulation, by the learned J.M.F.C. Vashi, by the judgment and order dated 1/3 ::: Uploaded on - 13/12/2019 ::: Downloaded on - 14/12/2019 05:22:26 ::: 905 IR 2 OF 2019 20th March, 2017. The applicant carried the matter in appeal, being Criminal Appeal No.76 of 2016, before the Court of Sessions at Thane. By the impugned judgment and order dated 15 th April, 2019, the learned Additional Sessions Judge, was persuaded to dismiss the appeal and confirmed the judgment and order of conviction and sentence, passed by the learned J.M.F.C. Vashi.
4] It is submitted on behalf of applicant that the applicant was on bail, during the trial and the appeal as well. The applicant has deposited an amount of Rs.1,00,000/- in the court of learned Sessions Judge, Thane. The applicant is ready to deposit reasonable amount towards the compensation as ordered by the learned Magistrate.
5] Having regard to the fact that the applicant was on bail during the period of trial and the appeal as well, the applicant is ready to deposit amount towards compensation and it is unlikely that the Revision Application can be heard and decided in near future, it seems expedient in the interest of justice to release the applicant on bail during the pendency of the Revision Application. Hence the following order.
Order i] The sentence passed by the learned J.M.F.C. Vashi, in C.C. No.19899 of 2012, by judgment and order dated 20 th March,2017 and confirmed by the learned Additional Sessions Judge, Thane, in Criminal Appeal No.76 of 2017, by judgment 2/3 ::: Uploaded on - 13/12/2019 ::: Downloaded on - 14/12/2019 05:22:26 ::: 905 IR 2 OF 2019 and order dated 15th April, 2019, stands suspended till the decision of the revision application.
ii] The applicant be released on bail on furnishing a P. R. Bond of Rs.15,000/- and a surety in the like amount, to the satisfaction of the learned J.M.F.C. Vashi.
iii] The applicant shall deposit an amount of Rs.7,00,000/- within a period of four weeks from today, in the court of J.M.F.C. Vashi.
iv] In the event of default in deposit of the said amount within the said period, this order shall stand vacated automatically. v] The applicant shall attend this Court as and when directed for the purpose of hearing of this Revision Application. vi] Interim Application stands disposed of accordingly.
[N. J. JAMADAR, J.] 3/3 ::: Uploaded on - 13/12/2019 ::: Downloaded on - 14/12/2019 05:22:26 :::