Pradeep P. Dhumal vs Smt. Tracy Tony Saldanha And Ors
2021 Latest Caselaw 11803 Bom

                                                                                14. IA 654-2021.doc
            Digitally signed
            by RUPALI
RUPALI      RAJESH
RAJESH      WAKODIKAR
WAKODIKAR   Date:
            2021.08.27
            15:18:10 +0530     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL INTERIM APPLICATION NO. 654 OF 2021
                                                          IN
                                    REVISION APPLICATION NO. 47 OF 2021


                     Pradeep P. Dhumal                                  ...Applicant
                         Versus
                     Smt.Tracy Tony Saldanha and Ors.                   ...Respondents

                     Mr. R.M.Kanojia i/b Hemchand R. Rathod for the Applicant.

                     Mr. S.S.Hulke, A.P.P for the Respondent No.2-State.


                                                CORAM : REVATI MOHITE DERE, J.
                                                DATE : 25th AUGUST, 2021

                     P.C. :



                      1.           Heard learned Counsel for the applicant.



                      2.           The applicant vide judgment and order dated 7th June, 2017

                      passed by the learned J.M.F.C., Thane, has been convicted for the offence

                      punishable under Section 138 of the Negotiable Instruments Act and has

                      been sentenced to suffer imprisonment for three months and to pay fine of

                      Rs. 44,00,000/-. The said judgment and order has been confirmed by the



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                                                                        14. IA 654-2021.doc


            learned Ad-hoc District Judge/Additional Sessions Judge, Thane, vide

            judgment and order dated 9th March, 2020.


            3.          Learned Counsel for the applicant has tendered an affidavit

            cum undertaking of the applicant. The same is taken on record. In the said

            affidavit cum undertaking dated 24th August, 2021, the applicant has

            undertaken to deposit the said amount of Rs.44,00,000/- within five

            months. It appears that out of the said amount, the applicant has deposited

            an amount of Rs. 4,00,000/- in the Appellate Court during the pendency of

            his appeal. As far as the balance amount of Rs.40,00,000/- is concerned,

            the applicant has undertaken to deposit the same as follows;

                        (i) Rs. 3,00,000/- on 1st September, 2021;

                        (ii) Rs.7,40,000/- on 25th September, 2021;

                        (iii) Rs.7,40,000/- on 25th October, 2021;

                        (iv) Rs.7,40,000/- on 25th November, 2021;

                        (v) Rs.7,40,000/- on 24th December, 2021 and

                        (vi) Rs.7,40,000/- on 25th January, 2022.



            4.          In view of the affidavit cum undertaking given by the applicant

            as aforesaid, the applicant's sentence is suspended and he is enlarged on

            interim bail until further orders, on the following terms and conditions.

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                                                                       14. IA 654-2021.doc




                                             ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the

sum of Rs. 15,000/- with one or two sureties in the like amount.

5. Stand over to 6th October, 2021.

6. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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