Bombay High Court
Laxman Devaba Bhittam vs The State Of Maharashtra And Ors on 10 March, 2021
Bench: A.S. Gadkari
ssm 1 24-ia838.21-in-revn71.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL I.A. NO. 838 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 71 OF 2021
Laxman Devaba Bhittam ....Applicant.
Vs.
The State Of Maharashtra & Anr. ....Respondents.
Mr. Jayant Bardeskar for the Applicant.
Smt. Rutuja Ambekar, APP for the Respondent-State.
CORAM : A. S. GADKARI, J.
DATE : 10th MARCH, 2021.
P.C.:-
This is an Application for suspension of sentence and releasing
the Applicant on bail.
2 Heard Mr. Bardeskar, learned Advocate for the Applicant and
Smt. Ambekar, learned APP.
3 The Applicant has been convicted for the offence punishable
under Section 138 of the Negotiable Instruments Act and is sentenced to
suffer simple imprisonment for 2 months and also directed to pay
compensation of Rs.3,40,000/-, i.e. the cheque amount and additional
compensation of Rs.1,00,000/- to the Complainant, in default of payment
of compensation the Applicant to suffer simple imprisonment for one month
by the learned 15th Judicial Magistrate, First Class, Kolhapur in S.C.C. No.
738 of 2016 by its Judgment and Order dated 8th May, 2018.
ssm 2 24-ia838.21-in-revn71.21.doc
4 The Criminal Appeal No.100 of 2018 preferred by the
Applicant has been partly allowed by the learned Additional Sessions Judge,
Kolhapur, by its Judgment and Order dated 18th February, 2021.
5 The Appellate Court modified the Order of compensation
passed by the Trial Court and altered it and fixed it at Rs.3,40,000/-, in
default of payment of compensation, the Applicant to further suffer simple
imprisonment for one month.
6 Learned counsel for the Applicant submitted that, during the
pendency of the Trial so also pending the Appeal, the Applicant was
released on bail and there is no report of breach of any conditions imposed
upon him. He further submitted that, the Applicant has deposited Rs.50
thousand in the Registry of the Appellate Court.
7 The 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 substantive
sentence imposed upon the Applicant can be suspended and he can be
released on bail.
Hence the following Order:-
a) During the pendency of the present Revision
Application, the substantive sentence imposed upon the
Applicant is suspended.
b) During the pendency of the present Revision
ssm 3 24-ia838.21-in-revn71.21.doc
Application, the Applicant be released in S.C.C. No. 738
of 2016 on his furnishing PR bond of Rs.15,000/- with
one or two local sureties in the like amount.
c) The Applicant is directed to deposit further sum of
Rs.1,20,000/- to make up 50% of the total
compensation in the Registry of the Appellate Court
within a period of 2 weeks from today.
d) The direction to deposit additional compensation of
Rs.1,20,000/- in the Registry of the Appellate Court
within the stipulated period is a condition precedent to
release the Applicant on bail.
e) If the Applicant fails to deposit the said amount within
stipulated period, the present Order granting
suspension of sentence and releasing the Applicant on
bail shall stands automatically removed without further
reference to the Court,
In that event , the Complainant is at liberty
to execute Order dated 18th February, 2021 passed by
the Appellate Court.
f) Application is allowed in the aforesaid terms.
Digitally signed by (A.S. GADKARI, J.)
Sanjiv S. Sanjiv S. Mashalkar
Mashalkar Date: 2021.03.12
18:02:34 +0530
