Bombay High Court
M/S Murphy Electronics Pvt Ltd. ... vs Jawaharlal L. Agicha C/O ... on 8 February, 2021
Bench: A.S. Gadkari
osk 33-IA-439-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 439 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 27 OF 2021
1. M/s. Murphy Electronics Pvt. Ltd. &
2. Dilip Nuno Shirodkar ... Applicants
V/s.
1. Jawaharlal L. Agicha &
2. The State of Maharashtra ... Respondents
Mr.Manish Bohra for Applicants.
Mr.S.S. Hulke, A.P.P. for Respondent No.2-State.
CORAM : A.S. GADKARI, J.
DATE : 8th February 2021.
P.C. :
This is an application for suspension of sentence and releasing the
applicant on bail.
2. Heard Mr.Bohra, learned counsel for the applicants and Mr.Hulke,
learned A.P.P. for the respondent No.2-State.
3. The applicants are original accused Nos.1 and 2. The applicants
have been convicted under Section 138 of the Negotiable Instruments Act and
the applicant No.2 is sentenced to suffer simple imprisonment for one month
osk 33-IA-439-2021.odt
and directed to pay an amount of Rs.7,45,000/- by way of compensation to
the complainant by the learned Metropolitan Magistrate, 20 th Court, Mazgaon
(Sewree), Mumbai by its Common Judgment and Order dated 31 st December
2015 passed in CC No. 962/SS/2005 and other connected matters.
The Criminal Appeal No. 138 of 2016 preferred by the applicants
has been rejected by the learned Additional Session Judge, City Civil &
Sessions Court, Gr. Mumbai, by its Judgment and Order dated 29 th February
2020.
4. Mr.Bohra, learned counsel for the applicants submitted that,
during the pendency of the appeal, the applicants have deposited a sum of
Rs.1,14,750/- in the Registry of the Trial Court, out of total compensation of
Rs.7,45,000/- awarded in favour of the complainant. The applicant No.2 was
on bail during trial.
5. The sentence imposed upon the applicant is a short term
sentence. The possibility of hearing the present Revision on its own merits in
near future is remote. In view thereof, the sentence imposed upon the
applicant No.2 can be suspended and the applicant No.2 can be released on
bail, subject to the applicant further depositing a sum of Rs.2,57,750/- to
make up 50% of Rs.7,45,000/- in the Registry of the Trial Court within a
period of four weeks from today. Subject to deposit of the said additional
osk 33-IA-439-2021.odt
amount, the sentence imposed upon the applicant is suspended and the
applicant is released on bail on the following terms and conditions.
6. Hence, the following Order :-
(i) During the pendency of the present Petition, the
substantive sentence imposed upon the applicant is
suspended.
(ii) Applicant No.2-Dilip Nuno Shirodkar be released on bail in
CC No. 962/SS/2005 on his furnishing cash bail of
Rs.10,000/- with P.R. bond of the same amount.
The procedure for bail be completed before the Trial
Court.
(iii) It is made clear that, if the applicant fails to deposit the
aforestated amount of Rs.2,57,750/- within stipulated
period in the Registry of the Trial Court, the present Order
of suspending the sentence and releasing applicant on bail
shall stand automatically revoked without further
reference to this Court.
7. Application is allowed in the aforesaid terms.
[A.S. GADKARI, J.]
Digitally signed
by Omkar S.
Kumbhakarn
Omkar S.
Date:
Kumbhakarn 2021.02.09
17:54:36
+0530
