Shivaji Dattatray Yadav vs State Of Maharashtra And Anr
2022 Latest Caselaw 7860 Bom

                                     Ethape                       1                  38-IA-2665-2022.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 2665 OF 2022
                                                      IN
                                 CRIMINAL REVISION APPLICATION NO. 321 OF 2022

                                Shivaji Dattatray Yadav                     ...Applicant
                                     Versus
                                State Of Maharashtra And Anr.               ...Respondents

                                                                      ....

             Digitally signed
                                Mr. Chetan G. Patil Advocate for the Applicant.
             by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
             Date: 2022.08.12
             14:10:42 +0530
                                Mr. Arfan Sait, APP for the Respondent - State.

                                                                      ....

                                                           CORAM : PRAKASH D. NAIK, J.
                                                           DATE       : 11th AUGUST, 2022
                                PC :

                                1.     This is an application for suspension of sentence and

                                grant of bail during the pendency of Criminal Revision

                                Application No. 321 of 2022.

                                2.     The applicant has been convicted for an ofence

                                punishable under Section 138 of Negotiable Instruments Act

                                vide judgment and order dated 22.11.2019 and sentenced

                                to sufer simple imprisonment for three months and

                                directed to pay compensation of Rs.3,50,000/-. The appeal

                                challenging the judgment of conviction has been dismissed

                                by   the      2nd   Additional   Sessions   Judge,   Kolhapur              vide
        Ethape                2                38-IA-2665-2022.doc


judgment and order dated 27.07.2022.

3.     Learned advocate for the applicant submits that,

pursuant to disposal of appeal, the applicant has been

taken in custody. The applicant is in fnancial constraints

which has been deposited 25% compensation i.e. Rs.

87,500/- before the appellate Court. The applicant would

deposit further 25% amount within a period of four weeks

from the date of his release. Statement is accepted as the

undertaking given to this Court.

4.     Considering the aforesaid circumstance, interim relief

can be granted to the applicant.

                            ORDER

(I) The sentence imposed by the learned 6th Judicial

Magistrate First Class, Kolhapur vide judgment and order

dated 22.11.2019, while convicting the appellant under

Section 138 of the NI Act in Criminal Appeal No.144 of 2019

and confrmed by Sessions Court vide judgment and order

dated 27.07.2022 is suspended and the applicant is

directed to be released on bail on executing PR bond in the

sum of Rs. 10,000/- with one or more sureties in the like

amount;

(ii) The applicant is permitted to furnish cash bail in the Ethape 3 38-IA-2665-2022.doc

sum of Rs.10,000/- for a period of six weeks in lieu of

sureties.

(iii) Stand over to 14.09.2022.

(iv) Parties to act upon authenticated copy of this order.

(PRAKASH D. NAIK, J.)