Nadim Ahmed Shaikh And Anr vs The State Of Maharashtra And Ors
2021 Latest Caselaw 3589 Bom

         ssm                        1                22-ia1717.19gp.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                       I.A. NO. 1719 OF 2019
                                 IN
           CRIMINAL REVISION APPLICATION NO.611 OF 2019

                                    WITH

                       I.A.NO. 1717 OF 2019
                                 IN
           CRIMINAL REVISION APPLICATION NO.611 OF 2019

Nadim Ahmed Shaikh & Anr.                         ....Applicants.

               Vs.

The State Of Maharashtra & Ors.                   ....Respondents.

Mr. Anand i/by Rahul Karnik for the Applicants.
Mr. A.R. Patil, APP for the Respondent No.1-State.

                                        CORAM : A. S. GADKARI, J.

DATE : 25th FEBRUARY, 2021.

P.C.:-

These are the Applications for suspension of sentence and

releasing the Applicant on bail.

2 Heard Mr. Anand, learned Advocate for the Applicant and Mr.

Patil, learned APP for the State.

3 The Applicant No.1 is the proprietor of Applicant No.2-Ana

Metal and Fabrication Works and has been convicted under Section 138 of

the Negotiable Instruments Act, 1881 (for short, 'the NI Act') and is

sentenced to suffer simple imprisonment for six months and to pay a fine

ssm 2 22-ia1717.19gp.doc

amount of Rs.2,75,000/-, in default of payment of fine to further suffer

simple imprisonment for six months, by the learned Metropolitan

Magistrate, 70th Court, Mazgaon, Mumbai in C.C. No.7001131/SS/2016 by

its Judgment and Order dated 5th December, 2017.

The Criminal Appeal No.10 of 2018 preferred by the Applicants

has been dismissed by the learned Additional Sessions Judge, Greater

Mumbai by its Judgment and Order dated 2nd November, 2019.

4 Learned counsel appearing for the Applicants submitted that,

during the pendency of the Appeal, the Applicant No.1 has deposited a sum

of Rs.70,000/- in the Registry of the Sessions Court, Mumbai. He submitted

that, during the penency of trial so also the Appeal, the Applicant No.1 was

on bail and there is no report of breach of any of the conditions imposed

upon him.

The sentence imposed upon the Applicant No.1 is a short term

sentence and the possibility of hearing of the present Revision on its own

merits in near future is remote. In view thereof, the sentence imposed upon

the Applicant No.1 can be suspended and the Applicant No.1 can be

released on bail on the following terms and conditions.

Hence the following order-

a) During the pendency of the present Revision, the

sentence imposed upon the Applicant No.1 is

suspended.

                                ssm                         3                 22-ia1717.19gp.doc

                          b)         Applicant No.1 be released on bail on his furnishing PR

bond of Rs.10,000/- with one or two local sureties in

the like amount.

c) Applicant No.1 shall deposit an additional sum of Rs.1

lakh, out of total amount of compensation, in the

Registry of the Sessions Court, Mumbai within a period

of two weeks from today.

It is made clear that, the deposit of

additional sum of Rs.1 lakh is a condition precedent for

suspension of sentence and releasing the Applicant No.1

on bail.

If, the Applicant No.1 fails to deposit the

sum of Rs.1 lakh within a period of two weeks from

today in the Registry of the Sessions Court, Mumbai, the

Order of suspension of sentence and releasing the

Applicant No.1 on bail, shall stands automatically

revoked without further reference to this Court.

d) Application is allowed in the aforesaid terms.

(A.S. GADKARI, J.) Digitally signed by Sanjiv S.

Sanjiv S. Mashalkar Mashalkar Date: 2021.03.03 16:16:09 +0530