Bombay High Court
Ravi Mohanlal Bhalotia vs The State Of Maharashtra on 8 April, 2021
Bench: R.P. Mohite-Dere
1/4 3-ia.1226.2021w.1225.2021.doc
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1226 OF 2021
(FOR SUSPENSION OF SENTENCE)
IN
CRIMINAL APPEAL NO. 348 OF 2021
WITH
CRIMINAL INTERIM APPLICATION NO.1225 OF 2021
(FOR BAIL)
IN
CRIMINAL APPEAL NO. 348 OF 2021
Ravi Mohanlal Bhalotia ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Subhash Jha i/b Mr. Santosh S. Musale, for the Applicant.
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 8th APRIL, 2021
P.C. :
1. At the outset, learned counsel for the applicant seeks leave to
amend the prayer clause in both the applications. Leave granted.
Amendment to be carried out forthwith.
2. Heard learned counsel for the parties.
::: Uploaded on - 08/04/2021 ::: Downloaded on - 05/09/2021 21:29:06 :::
2/4 3-ia.1226.2021w.1225.2021.doc
3. By these applications, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the aforesaid appeal.
4. The applicant vide Judgment and Order dated 1 st April 2021,
passed by learned District Judge - 6 and Additional Sessions Judge, Thane,
in Special MSEB Case No. 379 of 2005, has been convicted and sentenced
as under:-
- for the offence punishable under Section 135 of the Electricity Act,
to suffer rigorous imprisonment for 2 years and to pay fine of Rs.3 crores,
in default of payment of fine, to undergo simple imprisonment for 1 year.
5. The Appeal has been admitted by a separate order passed today
and the same is not likely to come up for the hearing in the immediate near
future. The sentence awarded is a short term sentence. It is not in dispute
that the applicant was on bail pending trial and that he has not abused or
misused the liberty granted to him.
6. Considering the aforesaid, the applications are allowed and
the applicant's sentence is suspended and he is enlarged on bail, pending
::: Uploaded on - 08/04/2021 ::: Downloaded on - 05/09/2021 21:29:06 :::
3/4 3-ia.1226.2021w.1225.2021.doc
the hearing and final disposal of his Appeal, on the following terms and
conditions :-
ORDER
i) The Applicant be released on cash bail in the sum of
Rs.25,000/-, for a period of four weeks;
ii) The Applicant shall within the said period of four weeks,
furnish P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in
the like amount;
iii) The Applicant shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till his Appeal is
finally disposed of;
iv) The Applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of residence or
mobile details, if any, from time to time;
v) If there are two consecutive defaults in appearing before the
trial Court, the learned Judge shall make a report to the High Court and the
prosecution would be at liberty to file an application seeking cancellation
4/4 3-ia.1226.2021w.1225.2021.doc
of bail.
7. The Applications are allowed in the aforesaid terms and are
accordingly disposed of.
8. At this stage, learned counsel for the applicant seeks leave to
file a separate application seeking stay to the deposit of fine. Since there is
no substantive prayer in the aforesaid applications, liberty is granted to the
applicant to file a separate application.
9. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
