Bombay High Court
Pradip Vasant Oswal vs The State Of Maharashtra And Ors on 1 March, 2021
Bench: A.S. Gadkari
10.1-IA.737.2021 & IA.736.2021.doc
Tauseef
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.736 OF 2021
WITH
INTERIM APPLICATION NO.737 OF 2021
IN
CRIMINAL REVISION APPLICATION NO.56 OF 2021
Pradip Vasant Oswal ...Applicant
V/S.
State of Maharashtra & Anr. ...Respondents
Mr. Rajesh Singh a/w. Ms. Priti R. Mahajan & Mr. Santosh Patil for
Applicant.
Smt. Rutuja Ambekar, APP for State - Respondent.
CORAM : A. S. GADKARI, J.
DATE : 1st MARCH, 2021.
P.C. :
1. These are Applications 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, vide Section 255(2) of
Code of Criminal Procedure, 1973 and is sentenced to suffer simple
imprisonment for a period of three months and is further directed to pay a
compensation of Rs.30,50,000/-, in default of payment of compensation to
further suffer simple imprisonment for 30 days by the learned Additional
4th, Judicial Magistrate, F.C. Vadgaon Maval, Pune in Summary
Criminal Case No.723 of 2014, by its Judgment and Order dated 17 th
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10.1-IA.737.2021 & IA.736.2021.doc
February 2017.
3. The record indicates that, during the pendency of the Appeal,
the Applicant and Respondent No.2 had entered into consent terms. It
appears that, in furtherance of consent terms, the Applicant deposited a
total amount of Rs.20,35,000/- in the Registry of the Appellate Court. The
Appellate Court in its impugned Judgment and Order dated 11 th February
2021, while dismissing the said Appeal, in para No.3 of the operative part
of the order has observed the same. After dismissal of the Appeal, the
Applicant has been taken into custody for undergoing sentence.
4. Mr. Singh, learned Counsel for the Applicant submitted that, in
pursuance of consent terms dated 17th December 2018, the Applicant as
on today has deposited a total sum of Rs.22,18,193/- in the Registry of the
Appellate Court. According to him, as on today an amount of
Rs.7,81,807/- is due and payable by the Applicant to Respondent No.2.
He further on instructions submitted that, the Applicant will deposit a sum
of Rs.5,00,000/- in the Registry of the Appellate Court within a period of
two weeks from today and in any case before the Applicant is actually
released from Jail. The said statement is accepted.
5. The sentence imposed upon the Applicant is a short term
sentence. The possibility of hearing the present Appeal on its own
merits in near future is remote. In view there of, the sentence imposed
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10.1-IA.737.2021 & IA.736.2021.doc
upon the Applicant can be suspended and he can be released on bail.
6. 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.10,000/- with one or two solvent local sureties in the like
amount.
(c) It is made clear that, before his actual release from
jail, the Applicant shall deposit an additional amount
of Rs.5 lakhs in the Registry of the Appellate Court.
In other words, deposit of additional sum of Rs.5
lakhs is a condition precedent for releasing the
Applicant from Jail.
(d) Both the Applications are allowed in the aforesaid
terms.
(A. S. GADKARI, J.)
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