Javed M. Khatib vs Prasad . Shetty And Anr
2021 Latest Caselaw 15342 Bom

P.H. Jayani                                      504 REVN202.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                 REVISION APPLICATION NO. 202 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 2612 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 2611 OF 2011
                                  IN
                 REVISION APPLICATION NO. 202 OF 2021

Javed M. Khatib                              .... Applicant
           v/s.
Prasad K. Shetty and anr.                    .... Respondents

Mr. R.V. Gupta for the Applicant.
Mr. P.H. Gaikwad, APP for the State.


                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 26th OCTOBER, 2021.

P. C. :-

. Not on board. Upon mentioning, taken on production board.

2. The Applicant has sought suspension of substantive sentence

imposed by judgment dated 22/12/2017 in CC No.2140/SS/2016 (Old

No.1086/SS/2013). By the impugned judgment, the Applicant has

been held guilty of offence under Section 138 of Negotiable

Instruments Act and has been sentenced to undergo simple

imprisonment for six months and to pay Rs.25,00,000/- towards

P.H. Jayani 504 REVN202.2021.doc

compensation. The Appeal being Criminal Appeal No.30/2018 against

the said judgment has been dismissed vide judgment dated

22/10/2021. Mr. R.V. Gupta, learned counsel for the Applicant states

that the Applicant has already deposited Rs.5,00,000/- before the

Sessions Court at Dindoshi. He states that the Applicant shall deposit

further amount of Rs.5,00,000/- on or before 15/11/2021 before the

Metropolitan Magistrate, 44th Court, Andheri, Mumbai. In the light of

said statement, following order is passed :-

(a) Execution of substantive sentence imposed against the

Applicant by judgment dated 22/12/2017 in CC No.2140/SS/

2016 (Old No.1086/SS/2013), is suspended till the next date

of hearing i.e., 15/11/2021.

(b) The Applicant be released on provisional cash bail in

the sum of Rs.15,000/- for a period of four weeks ;

(c) The Applicant shall within the said period of four

weeks, furnish P.R. Bonds in the sum of Rs.15,000/- with one

or two solvent sureties in the like amount to the satisfaction of

the Trial Court ;

P.H. Jayani 504 REVN202.2021.doc

3. Stand over to 15/11/2021.

4. Parties to act on an authenticated copy of this order.

PREETI H JAYANI Digitally signed by (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2021.10.28 14:11:58 +0530