Bombay High Court
Paul Rajratnam Karra vs State Of Maharashtra And Anr on 17 August, 2022
Bench: Prakash Deu Naik
510-IA-2707-2022-IN-REVN-328-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2707 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 328 OF 2022
Paul Rajratnam Karra ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
....
Mr. Sudatta Patil a/w Mr. Vikramsingh Parmar, Advocate for the
Applicant.
Mr. Arfan Sait, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 17th August, 2022.
PER COURT:
1. Not on Board. Taken on Board.
2. This is an application for suspension of sentence and grant of
bail during the pendency of Criminal Revision Application No.328
of 2022 preferred by the applicant.
3. The applicant has been convicted by the Court of learned
J.M.F.C., Miraj vide judgment and order dated 26 th March, 2014 for
offence punishable under Section 138 of Negotiable Instruments
Act. He is sentenced to suffer imprisonment for six months and
directed to pay fine of Rs.10,00,000/-. The appeal preferred by the
applicant has been partly allowed by the converting the nature of
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2022.08.17
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20:09:14 +0530
510-IA-2707-2022-IN-REVN-328-2022.doc
sentence of imprisonment into simple imprisonment from rigorous
imprisonment and the fine amount has been increased from
Rs.10,00,000/- to Rs.10,10,000/-. The applicant has been taken
into custody on the date of disposal of appeal i.e. on 16 th August,
2022.
4. On perusal of the judgment and order dated 16 th August,
2022, it is apparent that the applicant has deposited the cheque
amount in the suit proceedings initiated by the complainant. The
cheque amount was of Rs.7,15,960/-. It is submitted that the
applicant has deposited the amount of Rs.1,15,000/- during the
pendency of appeal before the Sessions Court. The applicant is
willing to deposit the balance amount within a period of two weeks
from the date of his release.
5. Considering the aforesaid circumstances, by way of interim
protection, sentence of imprisonment can be suspended till the next
date of hearing.
ORDER
i. The sentence of imprisonment imposed vide Judgment
and order dated 26th March, 2014 passed by learned J.M.F.C.
Miraj in SCC No.201 of 2011 and modified by judgment and
order dated 16th August, 2022 passed by learned Additional
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510-IA-2707-2022-IN-REVN-328-2022.doc
Sessions Judge, Sangli in Criminal Appeal No. 61 of 2014 is
suspended and the applicant is directed to be released on bail
on executing P.R. Bond in the sum of Rs.20,000/- with one or
more sureties in the like amount;
ii. The applicant is permitted to furnish cash bail in the
sum of Rs.20,000/- till further orders.
iii. Stand over to 19th September, 2022.
iv. This interim protection is granted till the next date of
hearing.
v. The applicant is permitted to deposit balance amount
of compensation after deducting Rs.7,15,960 and Rs.1,15,000
within two weeks from date of release in this Court.
vi. Parties to act upon authenticated copy of this order.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 3 of 3
