Sanjay Diwakar Todankar vs State Of Maharashtra And Anr
2022 Latest Caselaw 4167 Bom

                                                                          28-ia-1252-2022-revn-163-2022.doc




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO. 1252 OF 2022
                                                      IN
                                     REVISION APPLICATION NO. 163 OF 2022
         Digitally
         signed by
         SHRADDHA
SHRADDHA KAMLESH
KAMLESH  TALEKAR       Sanjay Diwakar Todankar                  ...Applicant
                         Vs.
TALEKAR  Date:
         2022.04.22
         21:01:11
         +0530

                       1. The State of Maharashtra
                       & Anr.                                   ... Respondents

                                                     ****
                       Mr.Jaydeep A. Shringare for applicant.
                       Mr. H.J. Dedhia, APP for respondent No.1-State.

                                          CORAM : N. J. JAMADAR, J.

DATE : 20th APRIL, 2022 P.C.:

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondents, returnable on 8 th June

2022.

3. The learned APP waives notice for respondent No.1-State.

4. In addition to the notice through Court, the applicant is at

liberty to serve the respondent No.2 by private service and fle

affdavit of service.

5. The applicant has been convicted by the learned Judicial

Magistrate, First Class, Ratnagiri for the offence punishable under

section 138 of the Negotiable Instruments Act, 1881, and

Shraddha Talekar, PS 1/3 28-ia-1252-2022-revn-163-2022.doc

sentenced to suffer simple imprisonment for a period of six

months and pay compensation of Rs.1,00,000/-, by judgment and

order, dated 31st May 2018.

6. The applicant-accused carried the matter in appeal being

Criminal Appeal No.36 of 2018 before the learned Sessions Judge,

Ratnagiri. By the impugned judgment and order dated 8 th

December 2021, the learned Sessions Judge confrmed the

judgment and order of conviction and sentence passed by the

learned JMFC, Ratnagiri. Being aggrieved, the applicant is in

revision.

7. Arguable questions are raised. The applicant was on bail

during the pendency of trial as well as appeal. The applicant

appears to have roots in society.

8. Hence, by way of ad-interim order, the substantive sentence

stands suspended and the applicant is directed to be released on

bail on furnishing a P.R. Bond in the sum of Rs.15,000/- and a

surety in the like amount to the satisfaction of the learned

Judicial Magistrate, on the condition that the applicant-accused

No.1 deposits a sum of Rs.50,000/- in the Court of learned

Judicial Magistrate, First Class, Ratnagiri, within a period of four

weeks.

Shraddha Talekar, PS 2/3 28-ia-1252-2022-revn-163-2022.doc

9. In the event of default in depositing the said amount, this

order of suspension would stand vacated automatically.

10. All concerned to act on an authenticated copy of this order.

                                                        (N. J. JAMADAR, J.)




Shraddha Talekar, PS                                                                           3/3