Bombay High Court
Vijay Shripati Patil vs Pramod Shivram Meshram And Anr on 21 June, 2021
Bench: A.S. Gadkari
Tauseef 11.1-IA.1591.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1591 OF 2021
IN
CRIMINAL REVISION APPLICATION NO.134 OF 2021
Vijay Shripati Patil ...Applicant
V/s.
Pramod Shivram Meshram & Anr. ...Respondents
Mr. Anand Patil, Advocate for Applicant.
Smt. Rutuja Ambekar, APP for Respondent No.2 (State).
CORAM : A. S. GADKARI, J.
DATE : 21st JUNE 2021.
(Through Video Conferencing)
P.C. :
1. This is an Application for suspensions of sentence and releasing
the Applicant on Bail.
2. The Applicant has been convicted for an offence punishable
under Section 138 of Negotiable Instruments Act, 1881 and is sentenced
to suffer rigorous imprisonment for a period of three months and is
further directed to pay a compensation of Rs.6,50,000/-, as contemplated
under Section 357(3) of the Code of Criminal Procedure, 1973, in default
of payment to further undergo simple imprisonment for 21 days, by the
learned Judicial Magistrate, First Class, Rajapur, District Ratnagiri in
Summary Criminal Case No.264 of 2008 by its Judgment and Order dated
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Tauseef 11.1-IA.1591.2021.doc
26th March 2013.
The Criminal Appeal No.26 of 2013, preferred by the Applicant
has been dismissed by the learned Sessions Judge, Ratnagiri, by its
Judgment and Order dated 28th January 2021.
3. Mr. Patil, learned counsel for the Applicant submitted that,
during the pendency of the trial so also the Appeal, the Applicant was
released on bail and there is no report of breach of any of the conditions
imposed upon him. He, further on instructions submitted that, the
Applicant has deposited certain amount during the pendency of the
Appeal, however, his client is unable to tell him exact amount. As per his
instructions, the Applicant has deposited approximately Rs.75,000/- to
Rs.1,00,000/- in the Registry of the Appellate Court during the pendency
of the Appeal.
4. Sentence imposed upon the Applicant is a short term sentence
and the possibility of hearing of the present Revision Application on its
own merits in near future is remote. In view thereof, the sentence
imposed upon the Applicant can be suspended and he can be released on
bail, subject to an additional condition that, the Applicant will deposit an
additional sum of Rs.3,00,000/- in the Registry of the Appellate Court
within a period of three weeks from today.
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Tauseef 11.1-IA.1591.2021.doc
5. Hence the following order:-
(a) During the pendency of the Revision Application, the
substantive sentence imposed upon the Applicant is
hereby suspended.
(b) During the pendency of the Revision Application, the
Applicant be released on bail on his furnishing PR
bond of Rs.15,000/- with one or two solvent local
sureties in the like amount.
(c) The Applicant is permitted to furnish cash bail for a
period of sixteen weeks and during the said period,
the Applicant is directed to comply with the
condition of submitting solvent sureties.
(d) As noted above, the Applicant is directed to deposit
an additional sum of Rs.3,00,000/- within a period of
three weeks from today.
If the Applicant deposits the aforesaid additional
amount of Rs.3,00,000/-, in that event, the
conviction warrant issued in pursuance of Order
dated 28th January 2021, passed by the Appellate
Court is kept in abeyance for a period of three weeks
from today.
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Tauseef 11.1-IA.1591.2021.doc
(e) If the Applicant deposits the said amount of
Rs.3,00,000/- within the stipulated period, the
conviction warrant issued by the Trial Court in
pursuance of Order dated 28th January 2021, will
remain stayed during the pendency of the present
Revision.
(f) If Applicant fails to deposit the said amount of
Rs.3,00,000/- within stipulated period, the stay
granted to the execution of conviction warrant shall
stand automatically vacated without further
reference to this Court and in that event, the Trial
Court will be at liberty to execute the said conviction
warrant as per the directions issued by the Appellate
Court by its impugned Order.
(g) Application is allowed in the aforesaid terms.
(A. S. GADKARI, J.)
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