Prabhakar Laxman Kapse vs The State Of Maharashtra And Anr
2021 Latest Caselaw 1031 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION (ST.) NO. 2349 OF 2020
                                 IN
         CRIMINAL REVISION APPLICATION (ST.) NO. 2345 OF 2020

Prabhakar Laxman Kapse                            ... Applicant
      V/s.
The State of Maharashtra & Anr.                   ... Respondents


Mr.Sagar Joshi i/b. Mr.Vinod Utekar for Applicant.
Mr.Amit Palkar, A.P.P. for Respondent No.1-State.
Ms.Yogita Deshmukh for Respondent No.2.

                                     CORAM : A.S. GADKARI, J.

DATE : 15th January 2021.

P.C. :

This is an application for suspension of sentence and releasing the

applicant on bail.

2. The applicant has been convicted under Section 138 of the

Negotiable Instruments Act and is sentenced to suffer simple imprisonment for

for 8 months and has been further directed to pay an amount equivalent to

the amount of cheque i.e. Rs.8,00,000/- to the respondent No.2 as

compensation under Section 357 (3) of the Criminal Procedure Code, in

default of payment of compensation to further suffer simple imprisonment of

2 months by the learned Judicial Magistrate, First Class, Dahanu in S.C.C. No.

189 of 2009 by its Judgment and Order dated 27th April 2011.

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The Criminal Appeal No.24 of 2011 preferred by the applicant

has been dismissed by the learned Additional Sessions Judge, Palghar by its

Judgment and Order dated 4th March 2020.

3. Mr.Joshi, learned counsel for the applicant submitted that, while

entertaining the appeal, the Appellate Court had directed the applicant to

deposit a sum of Rs.1,60,000/- in the Registry of the Trial Court, which he has

accordingly done. He further on instructions submitted that, in pursuance of

Order dated 30th September 2020 passed by the Co-ordinate Bench of this

Court (Shri Prithviraj K. Chavan, J.), the applicant has further deposited

Rs.3,00,000/- in the Registry of the Trial Court within stipulated period

mentioned therein. He submitted that, thus the applicant as of today has

deposited Rs.4,60,000/- out of the total sum of Rs.8,00,000/- in the Registry

of the Trial Court.

4. In view of the fact that, the applicant has deposited more than

50% amount in the Registry of the Trial Court, I am inclined to suspend the

sentence and release the applicant on bail.

Hence, the following Order :-

(i) During the pendency of the present Criminal Revision Application, the substantive sentence imposed upon the applicant is suspended.

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(ii) The Applicant be released on bail in S.C.C. No. 189 of 2009 on his furnishing P.R. bond of Rs.10,000/- with one or two local sureties in the like amount.

5. Application is allowed in the aforesaid terms.

[A.S. GADKARI, J.]

Digitally signed by Omkar S.

Kumbhakarn Omkar S.

Kumbhakarn Date:

2021.01.16 18:17:43 +0530