Vishnu Vishram Gavade vs The State Of Maharashtra And Anr
2021 Latest Caselaw 5733 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 1149 OF 2021
                                       IN
                  CRIMINAL REVISION APPLICATION NO. 99 OF 2021

Vishnu Vishram Gavade                                           ... Applicant
      V/s.
The State of Maharashtra & Anr.                                 ... Respondents


Mr.Aditya Raktade for Applicant.
Mrs.Rutuja Ambekar, A.P.P. for Respondent No.1-State.


                                          CORAM : A.S. GADKARI, J.

DATE : 30th March 2021.

P.C. :

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 undergo maximum simple imprisonment

of three months and to pay a fine of Rs.2,50,000/-, in default of payment of

fine to further suffer simple imprisonment for one month by the learned

Judicial Magistrate First Class, Panhala, in S.C.C. No.392 of 2010 by its

Judgment and Order dated 19th March 2018.

Criminal Appeal No.74 of 2018 preferred by the applicant has

been dismissed by the learned Additional Sessions Judge-1, Kolhapur by its

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Judgment and Order dated 16th January 2021.

3. Learned counsel for the applicant submitted that, during the

pendency of the appeal, the applicant has deposited a sum of Rs.1,49,000/- in

the Registry of the Appellate Court. He submitted that, the applicant was on

bail throughout the trial, so also in appeal and there is no report of breach of

any of the conditions.

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.

5. In view thereof, the sentence imposed upon the applicant can be

suspended and he can be released on bail, subject to condition that, he shall

deposit an additional amount of Rs.50,000/- in the Registry of the Appellate

Court within a period of three weeks from today.

6. Hence, following order :-

(i) During the pendency of the present Revision, the substantive sentence imposed upon the Applicant is suspended.

(ii) The Applicant be released on bail in S.C.C. No.392 of 2010 on his furnishing P.R. bond of Rs.10,000/- with one or two local sureties in the like amount.

(iii) The Applicant shall deposit an additional sum of Rs.50,000/- in the Registry of the Appellate Court within a period of three weeks from today. If the

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applicant fails to deposit the said additional amount within stipulated period, the present Order suspending the substantive sentence and releasing him on bail shall, stand automatically revoked without further reference to this Court and in that event, the respondent No.2 will be at liberty to execute the Order of sentence imposed upon the applicant by the Trial Court.

7. Application is allowed in the aforesaid terms.

[A.S. GADKARI, J.]