Vilas Hiraji Sernekar vs Ashok Gopal Banjan And Anr
2022 Latest Caselaw 4031 Bom

                                                                                            4-IA-1206-2022.doc




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL INTERIM APPLICATION NO. 1206 OF 2022
                                                          IN
                                     CRIMINAL REVISION APPLICATION NO. 156 OF 2022

                        Vilas Hiraji Sernekar                                ...Applicant
                               Versus
                        Ashok Gopal Banjan And Anr.                         ...Respondents
                                                                  ....
                        Mr. Sachin Hande, Advocate for the Applicant.
                        Mr. S. V. Gavand, APP for the Respondent No.2- State.


                                                CORAM       :        PRAKASH D. NAIK, J.
                                                DATE        :        13th APRIL, 2022.

                        PER COURT:

                        1.                 This is an application for suspension of sentence and

                        grant of bail during the pendency of Criminal Revision Application

                        preferred by the applicant challenging the judgment of conviction

                        passed by the trial Court and dismissal of appeal passed by the

                        Sessions Court.

                        2.                 The applicant was convicted for offence under Section

                        138 of Negotiable Instrument Act and sentenced to suffer simple

                        imprisonment for one month.                      He was directed to pay

                        compensation to the complainant in the sum of Rs.1,40,000/-

                        within a period of three months.             The applicant challenged the

                        aforesaid judgment of conviction by preferring Criminal Appeal

           Digitally
           signed by
           SAJAKALI
SAJAKALI
LIYAKAT
           LIYAKAT
           JAMADAR      Sajakali Jamadar                        1 of 3
           Date:
JAMADAR    2022.04.13
           17:24:47
           +0530
                                                              4-IA-1206-2022.doc




No.87 of 2018 before the Court of Sessions.             The appeal was

dismissed by the Sessions Court by order dated 4 th April, 2022 and

the judgment of the trial Court has been confirmed. The applicant

has been taken in custody.

3.                 Learned counsel for the applicant submitted that the

total amount of compensation directed to be paid by the applicant

by the trial Court is Rs.1,40,000/-. During the pendency of appeal

before the Sessions Court, the applicant had deposited the amount

of Rs.70,000/- as pre-condition for suspension of sentence and

grant of bail. Reliance is placed on the order dated 14 th June, 2017

passed by learned Additional Sessions Judge, City Civil and

Sessions Court, Gr. Bombay directing the applicant to deposit half

of the compensation amount of Rs.70,000/- while suspending the

sentence of imprisonment. On instructions it is submitted that the

applicant would deposit the balance amount of compensation i.e.

Rs.70,000/- within a period of four weeks from the date of his

release. The statement is accepted as undertaking given to this

Court.

4.                 Considering the fact that the applicant has been taken

into custody and he is willing to deposit the balance compensation

amount, sentence of imprisonment can be suspended.



Sajakali Jamadar                      2 of 3
                                                                 4-IA-1206-2022.doc




5.                 Hence, I pass the following order:

                                     ORDER

i. The substantive sentence of imprisonment imposed vide Judgment and order dated 10th January, 2017 passed by learned Metropolitan Magistrate 58th Court, Bandra, Mumbai in C.C. No.991/SS/2016 and confirmed by the appellate Court by judgment and order dated 4th April, 2022 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

ii. The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of ten weeks in lieu of surety.

iii. The bail bond shall be executed before the trial Court.

iv. The applicant shall deposit the amount of Rs.70,000/- before the trial Court within a period of four weeks from the date of his release.

v. This interim protection is granted till the next date of hearing.

          vi.      Stand over to 21st June, 2022.

          vii.     Parties to act upon authenticated copy of this order.




                                            (PRAKASH D. NAIK, J.)




Sajakali Jamadar                       3 of 3