Sanjay Diwakar Todankar vs State Of Maharashtra And Anr
2022 Latest Caselaw 4168 Bom

                                                                               27-ia-1250-2022-revn-162-2022.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO. 1250 OF 2022
                                                       IN
                                      REVISION APPLICATION NO. 162 OF 2022
         Digitally
         signed by
         SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
                        Sanjay Diwakar Todankar                    ...Applicant
TALEKAR  Date:
         2022.04.22       Vs.
         20:46:25
         +0530
                        1. The State of Maharashtra
                        & Anr.                                     ... Respondents

                                                      ****
                        Mr.Jaydeep A. Shringare for applicant.
                        Ms.Anamika Malhotra, PP 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 5 th Joint

Judicial Magistrate, First Class, Ratnagiri for the offence

punishable under section 138 of the Negotiable Instruments Act,

Shraddha Talekar, PS 1/3 27-ia-1250-2022-revn-162-2022.doc

1881, and sentenced to suffer simple imprisonment for a period of

three months and pay compensation of Rs.2,30,000/- along with

the co-accused Sau.Suchita Sanjay Todankar, by judgment and

order, dated 19th December 2017.

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

Criminal Appeal No.10 of 18 before the learned Sessions Judge,

Ratnagiri. By the impugned judgment and order dated 8 th March

2022, the learned Sessions Judge acquitted the co-accused Sau.

Suchita Sanjay Todankar. However, the impugned judgment and

order of conviction and sentence under appeal passed by the

Judicial Magistrate, First Class, Ratnagiri, Court No.5 against

applicant-accused No.1 was upheld. 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

Shraddha Talekar, PS 2/3 27-ia-1250-2022-revn-162-2022.doc

No.1 deposits a sum of Rs.1,15,000/- in the Court of learned 5 th

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

four weeks.

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