M/S Murphy Electronics Pvt Ltd. ... vs Jawaharlal L. Agicha C/O ...
2021 Latest Caselaw 2513 Bom

osk                                                         31-IA-437-2021.odt



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 437 OF 2021
                                    IN
                CRIMINAL REVISION APPLICATION NO. 25 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

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and directed to pay an amount of Rs.2,30,000/- 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. 920/SS/2005 and other connected matters.

The Criminal Appeal No. 140 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.34,500/- in the Registry of the Trial Court, out of total compensation of

Rs.2,30,000/- 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.80,500/- to make

up 50% of 2,30,000/- in the Registry of the Trial Court within a period of four

weeks from today. Subject to deposit of the said additional amount, the

sentence imposed upon the applicant is suspended and the applicant is

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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. 920/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.80,500/- 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.

Omkar S.     Kumbhakarn
Kumbhakarn   Date:
             2021.02.09
             17:51:06 +0530