Bombay High Court
Sanjay Shenfad Khabutare vs Rajesh Tekchand Jethani And ... on 23 December, 2022
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION NO.293 OF 2022
Sanjay Shenfad Khabutare
(Vs.)
Rajesh Tekchand Jethani and another
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri N.A. Padhye, Advocate for the applicant.
Shri S.A. Ashirgade, APP for State.
CORAM : G.A. SANAP, J.
DATE : 23.12.2022.
Heard.
Issue notice for final hearing at the stage of
admission to the non-applicants, returnable within four
weeks.
2. Learned APP waives service of notice for non-
applicant No.2/State.
3. The in-charge of the concerned Police Station
shall ensure the service of notice to non-applicant No.1.
CRIMINAL APPLICATION NO.426 OF 2022
This is an application for suspension of
sentence and grant of bail.
14 revn 293.22.odt..odt
2. Learned Judicial Magistrate First Class vide
order dated 25.04.2022 had convicted the applicant for
offence punishable under Section 138 of Negotiable
Instruments Act, 1881 and sentenced him to pay fine of
Rs.11 Lakhs and in default to undergo simple
imprisonment for six months.
3. The non-applicant No.1 being aggrieved on
the point of inadequacy of sentence preferred an appeal
for enhancement of the sentence. Learned Sessions Judge
vide judgment and order dated 26.09.2022 allowed the
appeal and enhanced the sentence. Learned Sessions
Judge sentenced the applicant to suffer simple
imprisonment for one year and to pay a fine of Rs.21
Lakh and in default of payment of fine to further undergo
simple imprisonment for six months.
4. Learned Advocate submits that the applicant
is 62 years old. He is a diabetic patient. He surrendered
on 10.06.2022 before the learned Judicial Magistrate
First Class Chikhli. He submits that on account of his
ailment, presently he has been lodged in Bhaikhala Prison
Mumbai. Learned Advocate took me through the
grounds of challenge to the impugned judgment and
order. It is submitted that applicant has good case on
merit. Learned Advocate submits that the applicant is
14 revn 293.22.odt..odt
ready to deposit 20% of the amount of fine. He
therefore, submits that by way of ad-interim order,
substantive sentence may be stayed.
5. I have gone through the record and
proceedings. In my view, the grounds raised in the
revision application need to be dealt with appropriately
on merits. Therefore, this is a fit case to direct the
suspension of sentence till next date, subject to
appropriate condition.
6. In view of above, the prayer for ad-interim
relief is granted. The substantive sentence shall remain
suspended till next date.
(i) The applicant be released on bail on his
furnishing P.R. bond in the sum of Rs.25,000/- with one
surety in the like amount.
(ii) This ad-interim protection is subject to
condition that the applicant shall deposit Rs.5 Lakh
within one month from today.
7. Stand over after six weeks.
JUDGE
manisha
Signed By:MANISHA ALOK
SHEWALE
Signing Date:23.12.2022 17:54
