Virendra Sonraj Mehta And Anr vs State Of Maharashtra And Anr
2022 Latest Caselaw 1473 Bom

                                                                  1 of 2                     6.REVN.79.2022.doc




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL REVISION APPLICATION NO.79 OF 2022

                               1. Virendra Sonraj Mehta,
                               Age 37 years, Occ. Service,
                               2. Renal Virendra Mehta,
                               Age 35 years, Occ.Housewife,
                               1 and 2 R/o. At Peshwa Nagar Society,
                               Building No.3, Opp. Swami Vivekanand
                               Garden, Gangadham Chowk, Pune-48.                              Applicants
                                            versus
                               The State of Maharashtra and another                           Respondents

                               Mr.Rishi Ghorpade i/by Ms.Mrunal B. Solanki, Advocate for
                               applicants.
                               Mr.Rahul S. Kulkarni, Advocate for respondentno.2.
                               Mr.H.J.Dedhia, APP, for State.

                                                          CORAM :          PRAKASH D. NAIK, J.

                                                          DATE     :       11th February 2022
                               PC :

                               1.      The applicants were convicted for offence under Section 138 of
                               Negotiable Instruments Act vide judgment and order dated 6 th
                               February 2019 in S.T.C.C. No.43275 of 2016 by learned Additional
                               Chief    Judicial   Magistrate,   Pune      and   sentenced      to   undergo
                               imprisonment of six months. Each of them were directed to pay fine
                               of Rs.2,70,000/-. The Criminal Appeal No.103 of 2019 preferred by
                               the applicants has been dismissed by the Additional Sessions Judge,
                               at Pune, vide judgment and order dated 18 th January 2022 and both
                               the applicants are taken in custody.
         Digitally signed by
MANISH   MANISH SURESH
SURESH   THATTE
         Date: 2022.02.11
THATTE
                               2.      Learned advocate for applicants submitted that the entire fine
         15:24:27 +0530




                               amount to the tune of Rs.5,40,000/- has been deposited in the
                                    2 of 2                     6.REVN.79.2022.doc


Appellate Court before dismissal of appeal.


3.      Learned counsel for respondent no.2 submits that he has
instructions to represent respondent no.2-complainant.


4.      Issue notice to respondent no.2.            Learned counsel for
respondent no.2 waives service. Stand over to 1 st March 2022. Copy
of proceedings be served upon the advocate for respondent no.2.


5.      Considering the fact that applicants are in custody and entire
fine amount has been deposited in the Appellate Court, by way of
interim relief, sentence of imprisonment can be suspended and the
applicants can be released on bail.
                                 ORDER

(i) The sentence of imprisonment imposed vide judgment and order 6th February 2019 in S.T.C.C. No.43275 of 2016 by learned Additional Chief Judicial Magistrate, Pune and confirmed by Additional Sessions Judge, Pune in Criminal Appeal No.103 of 2019 vide judgment and order dated 18 th January 2022, is suspended, and the applicants are directed to be released on bail on their executing PR bond in the sum of Rs.20,000/- each with one or more sureties in the like amount;

(ii) The applicants are permitted to furnish cash bail in the sum of Rs.20,000/- each;

(iii) This interim relief is granted till 2nd March 2022;

(iv) Bail bond may be executed before Trial Court;

(v)     Stand over to 1st March 2022.


                                            (PRAKASH D. NAIK, J.)
MST