Santosh Ramchandra Bhingare vs The Godavari Sugar Mills Ltd., And ...
2021 Latest Caselaw 15204 Bom

Rane                            1/3        IA-2532-2021 (SR.12)
                                                        October 22,2021.


IN THE HIGH COURT OF JUDICATURE AT BOMBAY

            CRIMINAL APPELLATE JURISDICTION

    INTERIM APPLICATION NO. 2532 OF 2021
                    IN
CRIMINAL REVISION APPLICATION NO. 190 OF 2021


Shri. Santosh Ramchandra Bhingare              .....Applicant
      V/s.
The Godavari Sugar Mills Ltd.
And Ors.                                       .....Respondents

                        ****

Mr. Rushikesh Kale a/w. Mr. Sameer Kadam, Advocate for
the applicant.

Ms. Veera Shinde, APP for State.

                   Coram : Sandeep K. Shinde, J.

Friday, 22nd October, 2021.

P.C. :

1. This Revision challenges the legality, correctness and propriety of judgment and order dated 8th October, 2021 passed in Criminal Appeal No.78 of 2015 by the Court of Sessions at Satara, by which conviction and sentence recorded in S.C.C. No.13/2009 under section 138 of the Negotiable Instruments Act, has been, affirmed.

Rane 2/3 IA-2532-2021 (SR.12) October 22,2021.

2. Learned Counsel for the applicant submits that, out of Rs.1,43,306/- consisting of fine and compensation, applicant-accused has deposited Rs.45,000/- in the Court of Judicial Magistrate First Class, Medha, District-Satara and further on instructions, undertakes to deposit Rs.98,000/- in the Court of Judicial Magistrate First Class, Medha at Satara in S.C.C No. 13/2019. Statement is accepted as an Undertaking to this Court. It is informed that, applicant has been taken into custody on 8th October, 2021, a date on which his appeal was dismissed. In consideration of the facts of the case and applicant's willingness to deposit Rs.98,000/-, as stated above, I am inclined to suspend the impugned sentence passed in S.C.C. No.13/2019 and direct to release him on bail on the same terms and conditions as he was during the pendency of Criminal Appeal No. 78/2015. Bail Bond is to be executed before the trial Court.

3. It is made clear, if the applicant does not deposit Rs.98,000/- within a week, as assured, the Court shall be constrained to recall the order.

Rane 3/3 IA-2532-2021 (SR.12) October 22,2021.

4. Issue notice to the respondents in the application, as well as, in the Revision returnable on 7 th December, 2021.

5. Registry is directed to place this application before this Court on 18th November, 2021 to verify the compliance of the Undertaking.

6. Parties to act on authenticated copy of this order.

         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT   Date:
         2021.10.22
         14:35:52
         +0530




                                                        (Sandeep K. Shinde, J.)