Shailesh Balshekhar Mishra vs Vijay Ganpat Ghadi And Anr
2022 Latest Caselaw 4323 Bom

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                                                                               38-ia-1270.22 and anr.doc


           Digitally signed
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           by BIPIN
BIPIN      DHARMENDER
DHARMENDER PRITHIANI
                                   CRIMINAL APPELLATE JURISDICTION
PRITHIANI  Date:
           2022.04.26
           10:32:37 +0530
                                  INTERIM APPLICATION NO. 1270 OF 2022
                                                 WITH
                                  INTERIM APPLICATION NO. 1271 OF 2022
                                                  IN
                              CRIMINAL REVISION APPLICATION NO. 166 OF 2022

                       Shailesh Balshekhar Mishra                       ...         Applicant
                             Versus
                       Vijay Ganpat Ghadi and Anr.                      ...         Respondents

                                                      ******
                       Avantika Nishad i/by Jagdish Singh for the Applicant.
                       Mrs. Anamika Malhotra, APP for the State.
                                                      ******
                                                        CORAM: N. J. JAMADAR, J.

DATE : 25th APRIL, 2022

P.C. :-

. Leave to amend, so as to annex the copy of the judgment and order passed by the learned Metropolitan Magistrate in CC No. 1173/SS/2014. Necessary amendment be carried out within a period of one week.

2. Heard learned counsel for the applicant. The challenge in this application is to the judgment and order passed by learned Additional Session Judge in Criminal Appeal No. 804 of 2017, whereby the Additional Session Judge dismissed the appeal and affirmed the order of conviction and sentence passed by the learned Metropolitan Magistrate, 7th Court, Dadar in CC No.1173/SS/2014 whereunder the applicant was sentenced to suffer simple imprisonment for three bdp

38-ia-1270.22 and anr.doc

months and pay compensation of Rs.3,81,000/-, with default stipulation.

3. The applicant was on bail during the pendency of the trial and appeal.

4. The learned counsel for the applicant submits that the applicant has deposited an amount of Rs.70,000/- towards compensation before the Appellate Court. The applicant is ready to deposit further amount towards compensation as may be ordered by this Court.

5. Arguable questions are raised.

6. Issue notice to the respondents, returnable on 30th June, 2022.

7. Learned APP waives notice for the respondent nos.2.

8. In addition to notice through Court, the applicant is at liberty to serve respondent no.1 by private service and file affidavit of service.

9. By way of an ad-interim relief the substantive sentence imposed by the learned Metropolitan Magistrate in CC No.1173/SS/2014 and confirmed by the learned Session Judge in Criminal Appeal No. 804 of 2017, stands suspended on the condition of deposit of a further amount of Rs.1,70,000/- within a period of three weeks from today.

10. In the meanwhile, the applicant be released on bail on furnishing a P. R. Bond in the sum of Rs.15,000/- and one or two sureties in the like amount to the satisfaction of learned Magistrate.

11. List on 30th June, 2022.

[N. J. JAMADAR, J.]