Bombay High Court
Swami Vivekanand Adarsh Vikas Shikshan ... vs Narayanrao Ganapatrao Jadhav And Anr on 26 February, 2022
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
10. REVN 110-2022.doc
Digitally
signed by
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
WAKODIKAR Date:
2022.02.26
13:19:09
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 673 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 110 OF 2022
Vandana Chandrakant Deshmukh ...Applicant
Versus
Abhijit Tulshidas Jadhav and Anr. ...Respondents
ALONGWITH
CRIMINAL INTERIM APPLICATION NO. 671 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 108 OF 2022
ALONGWITH
CRIMINAL INTERIM APPLICATION NO. 672 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 109 OF 2022
Chandrakant Ramchandra Deshmukh ...Applicant
Versus
Narayan Ganpatrao Jadhav and Anr. ...Respondents
ALONGWITH
CRIMINAL INTERIM APPLICATION NO. 675 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 111 OF 2022
1. Swami Vivekanand Adarsh Vikas
Shikshan Sanstha Yelane Tq.Shahuwadi Dist.Kolhapur
2. Chandrakant Ramchandra Deshmukh ...Applicants
Versus
Narayanrao Ganapatrao Jadhav and Anr. ...Respondents
Mr. Tejas Hilage for the Applicants.
Mr. A.R.Patil, A.P.P for the Respondent-State.
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10. REVN 110-2022.doc
CORAM : REVATI MOHITE DERE, J.
DATE : 26th FEBRUARY, 2022
P.C. :
1. Heard learned Counsel for the parties.
2. By the aforesaid interim applications, the applicants seek
suspension of their sentence and enlargement on bail.
3. The applicants, vide Judgment and Order dated 24th February,
2015 passed by the learned Judicial Magistrate First Class, Court No.6,
Kolhapur, in Summary Criminal Case Nos. 62 of 2013, 63 of 2013, 64 of
2013 and 65 of 2013 have been convicted in all four cases for the offence
punishable under Section 138 of the Negotiable Instruments Act. The said
Judgment and Orders of conviction and sentence passed by the trial Court
in Summary Criminal Case Nos. 62 of 2013, 63 of 2013, 64 of 2013 and 65
of 2013 were confirmed by the Appellate Court vide Judgment and Order
dated 21st February, 2022 passed in Criminal Appeal Nos. 81 of 2016, 82 of
2016, 83 of 2016, 84 of 2016.
4. Learned Counsel for the applicants submits that the applicants
have a good case on merits. He further submits that the compensation
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10. REVN 110-2022.doc
awarded in all the aforesaid four cases together is about Rs.51,00,000/-, out
of which, the applicants have deposited Rs.2,00,000/- in each of the said
four cases. He submits that if the applicants are released on bail, they will
without prejudice, deposit the balance amount of Rs.43,00,000/- within a
period of six months. He further submits, on instructions, that atleast
Rs.15,00,000/- will be deposited within one month from the date of their
release. He further submits on instructions from the applicants' relative Mr.
Vijaysingh Mane that both the applicants will file an undertaking setting
out the details of the payment that they will make. Statement accepted.
5. Considering the aforesaid, the applicants' sentence is
suspended and they are granted interim bail, till the next date, on the
following terms and conditions :
ORDER
1. The Applicants be released on cash bail in the sum of Rs.10,000/- each, for a period of four weeks;
ii) The Applicants shall thereafter furnish P.R. Bond in the sum of 10,000/- each, with one or two sureties in the like amount, within a period of four weeks of their release on cash bail;
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(iii) The Applicants shall file an affidavit-cum- undertaking in the Registry of this Court on 7 th March, 2022 setting out the details how the said payment of Rs.43,00,000/- will be deposited in the Registry of this Court.
6. Matter to be listed on 9th March,2022 for recording compliance.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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