M/S Pavansut Krushishva Kendra vs Laxmi Agro Agency And Anr
2021 Latest Caselaw 9712 Bom

                                                                                7-IA-1852-2021.doc



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                            INTERIM APPLICATION NO. 1852 OF 2021
                                            IN
                        CRIMINAL REVISION APPLICATION NO. 146 OF 2021


            M/s. Pavansut Krushishva Kendra
            Through Prop. Dipak Kapadi                                 ...Applicant
                 Versus
            Laxmi Agro Agency,
            through Prop. Of Nishikant Jairam
            Suryawanshi & Anr.                                         ...Respondents


            Mr. Pratik A. Kalantri for the Applicant

            None for the Respondent No. 1

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

                                               CORAM : REVATI MOHITE DERE, J.
                                               (THROUGH VIDEO-CONFERENCING)
                                               MONDAY, 26th JULY 2021

            P.C. :


            1                 Heard learned counsel for the parties.



            2                 The applicant, vide judgment and order dated 28 th September

            2017 passed by the learned Judicial Magistrate First Class, Nashik in SCC

            No. 4906/2004, has been convicted for the offence punishable under


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            Section 138 of the Negotiable Instruments Act and is sentenced to suffer

            simple imprisonment for three months and to pay compensation of

            Rs. 25,000/-, in default, to suffer simple imprisonment for one month.


            3                 The said judgment and order dated 28th September 2017 has

            been confirmed by the Appellate Court i.e. the Sessions Court, vide

            judgment and order dated 11th February 2021.


            4                 It is not in dispute that the applicant was on bail pending trial

            as well as during the pendency of his appeal before the Sessions Court. It is

            also not in dispute that whilst on bail, the applicant has not misused or

            abused the liberty granted to him. The applicant has deposited the fine

            amount of           Rs. 25,000/-. The revision application has been admitted by a

            separate order passed today and the same is not likely to be heard in the

            immediate near future.


            5                 Considering the aforesaid, the application is allowed and the

            applicant's sentence is suspended and he is enlarged on bail, pending the

            hearing and final disposal of his revision application, on the following

            terms and conditions :




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                                                      ORDER

(i) The applicant be enlarged on bail on furnishing P.R.

Bond in the sum of Rs.20,000/- with one or two sureties in the like

amount;

(ii) The applicant shall report to the trial Court, once in six

months on the day/date specified by the trial Court, till his appeal is

finally disposed of;

(iii) The applicant shall not contact or threaten the victim,

witnesses or any person concerned with the case;

(iv) The applicant shall keep the trial Court informed of his

current address and mobile contact number and/or change of

residence or mobile details, if any, from time to time;

6 The application is disposed of accordingly.

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

REVATI MOHITE DERE, J.

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