Bombay High Court
Kumkum Rajesh Adhikari vs The State Of Maharashtra And Anr on 14 June, 2021
Bench: A.S. Gadkari
Osk 7-IA-1538-2021 in Revn-131-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1538 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 131 OF 2021
Kumkum Rajesh Adhikari ... Applicant
V/s.
The State of Maharashtra & Anr. ... Respondents
Mr.Vikas Shivarkar for Applicant.
Smt.Rutuja Ambekar, A.P.P. for Respondent No.1-State.
CORAM : A.S. GADKARI, J.
DATE : 14th June 2021.
(Through Video Conferencing)
P.C. :
1. This is an application for suspension of sentence and releasing the
Applicant on bail.
2. The applicant is convicted under Section 138 of The Negotiable
Instruments Act and is sentenced to suffer simple imprisonment for a term of
one month with a fine of Rs.2,10,000/-, in default of payment of fine to
further suffer simple imprisonment for 15 days by the learned 4 th Jt. Judicial
Magistrate First Class, Pimpri, Pune, in Summary Criminal Case No. 1160 of
2012 by its Judgment and Order dated 23rd November 2017.
Osk 7-IA-1538-2021 in Revn-131-2021.odt
The Criminal Appeal No. 631 of 2017 preferred by the Applicant
has been dismissed by the learned Additional Sessions Judge, Pune by its
Judgment and Order dated 6th March 2021.
3. Mr.Shivarkar, learned counsel for the Applicant submitted that,
during the pendency of the trial so also in appeal, the Applicant was on bail.
He further submitted that, out of the total fine amount of Rs.2,10,000/-, the
Applicant has deposited a sum of Rs.1,10,000/- in the Registry of the
Appellate Court during the pendency of the appeal. He submitted that, the
Applicant is ready and willing to deposit the balance amount of Rs.1,00,000/-
in the Registry of the Appellate Court within a period of two weeks from
today. The said statement is accepted.
4. 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 can be suspended and the Applicant can be released on bail, subject
to additional condition that, the Applicant shall deposit the balance fine
amount of Rs.1,00,000/- in the Registry of the Appellate Court within a period
of two weeks from today.
5. Hence, following order :-
(i) During the pendency of the present Revision, the
substantive sentence imposed upon the Applicant is
Osk 7-IA-1538-2021 in Revn-131-2021.odt
suspended.
(ii) Applicant be released on bail in Summary Criminal
Case No. 1160 of 2012 on his furnishing P.R. bond
of Rs.10,000/- with one or two local sureties in the
like amount.
(iii) For a period of 16 weeks from today, the Applicant is
permitted to furnish cash bail and during the said
period of 16 weeks, the Applicant will comply with
the condition of furnishing sureties.
(iv) Applicant is directed to deposit balance fine amount
of Rs.1,00,000/- in the Registry of the Appellate
Court within a period of two weeks from today.
6. Application is allowed in the aforesaid terms.
[A.S. GADKARI, J.]
