Kashiram Damu Chavan vs Nashik District Girna Co ...
2022 Latest Caselaw 8127 Bom

                                                                              127-IA-2738-2022-REVN-332-2022 .doc

                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                               INTERIM APPLICATION NO. 2738 OF 2022
                                                                IN
                                         CRIMINAL REVISION APPLICATION NO. 332 OF 2022

                              Kashiram Damu Chavan                            ...Applicant
                                    Versus
                              Nashik District Girna Co Operative
                              Bank Ltd., Kalwan And Anr.                      ...Respondents
                                                                       ....
                              Mr. Pratik B. Rahade, Advocate for the Applicant.
                              Mr. A.R. Patil, APP for the Respondent No.2- State.

                                                                       ....
                                                    CORAM        :      PRAKASH D. NAIK, J.
                                                    DATE         :      20th AUGUST, 2022.

                              PER COURT:

                              1.        This is an application for suspension of sentence and grant of

                              bail. The applicant is convicted for offence under Section 138 of

                              Negotiable Instruments Act vide judgment and order dated 9 th

                              December, 2016.         The applicant has been sentenced to suffer

                              imprisonment for three months and to pay compensation of

                              Rs.3,00,000/-.      The appeal preferred before the Sessions Court

                              challenging the judgment of conviction has been dismissed by

                              judgment and order dated 12th August, 2022.

                              2.        Learned Advocate for the applicant submitted that the

                              applicant has been taken into custody on 12 th August, 2022. He is

                              senior citizen aged around 72 years. The applicant is willing to

           Digitally signed
           by SAJAKALI
SAJAKALI   LIYAKAT
LIYAKAT    JAMADAR            Sajakali Jamadar                       1 of 2
           Date:
JAMADAR    2022.08.20
           18:17:42 +0530
                                                      127-IA-2738-2022-REVN-332-2022 .doc

deposit the amount of Rs.1,00,000/- within a period of four weeks

from the date of his release.

3.        Considering the aforesaid submissions, interim relief can be

granted to the applicant.

4.        Issue notice to Respondent No.1 returnable on 3 rd October,

2022.

                                     ORDER

i. The sentence of imprisonment imposed vide Judgment and order dated 9th December, 2016 passed by learned J.M.F.C. Kalwan in SCC No.95 of 2011 and confirmed by the Sessions Court vide judgment and order dated 12 th August, 2022 passed in Criminal Appeal No.9 of 2017 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount;

ii. The applicant is permitted to furnish cash bail in the sum of Rs.15,000/- for a period of four weeks in lieu of surety.

iii. The applicant shall deposit the amount of Rs.1,00,000/- before the trial Court within a period of four weeks from the date of his release.

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

v. This interim protection is granted till the next date of hearing.

                                              (PRAKASH D. NAIK, J.)



Sajakali Jamadar                       2 of 2