Liladhar Eknath Patil vs The State Of Maharashtra And Anr
2022 Latest Caselaw 4547 Bom

          Digitally signed by
SWAROOP   SWAROOP
SHARAD    SHARAD PHADKE

PHADKE    Date: 2022.04.28
          15:01:23 +0530                                                   12 apl 382 of 2022.doc

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION
                      CRIMINAL APPLICATION NO.382 OF 2022

Liladhar Eknath Patil                                       ...         Applicant
      versus
The State of Maharashtra and Anr.                           ...         Respondents

Mr. Shailesh S. Kharat, for Applicant.
Mr. A.R.Patil, APP, for State.
Mr. Yogesh S. Wahukar, Respondent present in person.

                                CORAM:   N.J.JAMADAR, J.

DATE : 28th APRIL, 2022

P.C.

1. Heard the learned Advocate for the Applicant. The challenge in this

Application is the order dated 27th September, 2009 passed by the learned Sessions

Judge in M.A.No.444 of 2017 which was preferred by the Applicant/Accused to

condone the delay in filing the Appeal against the judgment and order passed by the

learned Judicial Magistrate, First Class, Pimpri, Pune in S.C.C.No.2362 of 2014,

whereunder the Applicant/Accused was convicted for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1888 and sentenced him to suffer

rigorous imprisonment for six months and pay a fine of Rs.2,67,500/-, for want of

prosecution.

2. It seems that the Applicant was thereafter taken in custody on 20th

January, 2022 to undergo the sentence imposed by the learned Magistrate. The

SSP 1/2 12 apl 382 of 2022.doc

Respondent No.2 - Yogesh Sudhakar Wahukar who is the original complainant is

present in Court. He seeks time to engage an Advocate. Since the

Applicant/Accused is undergoing a sentence, it may be expedient to pass an interim

order during the pendency of this Application.

3. The substantive sentence imposed by the Judicial Magistrate, First

Class, Pimpri, Pune, shall stand suspended upon the Applicant depositing a sum of

Rs.2,00,000/- with the Court of the learned Judicial Magistrate, First Class, Pimpri,

Pune. If such an amount is deposited, the Applicant be released on bail on furnishing

a PR bond in the sum of Rs.15,000/- and one or two sureties in the like amount. The

Applicant/Accused shall be permitted to furnish cash security for a period of three

weeks.

4. Issue Notice to the Respondents. The learned APP waives service of

notice. Respondent No.2 who is present in person also waives service of notice.

5. List on 15th June, 2022.

                                                     ( N.J.JAMADAR, J. )




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