Bombay High Court
Bharat Bhogilal Patel And Anr vs Naishaja P. Vyas And Anr on 17 February, 2022
Bench: Prakash Deu Naik
12-IA-370-2022-in-revn-65-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 370 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 65 OF 2022
Bharat Bhogilal Patel And Anr. ...Applicants
Versus
Naishaja P. Vyas And Ors. ...Respondents
....
Mr. Abhaykumar Apte, Advocate for the Applicants
Mr. S. H. Yadav, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 17th FEBRUARY, 2022.
PER COURT:
1. This is an application for suspension of sentence
and grant of bail. The applicants are convicted for offence
under Section 138 of Negotiable Instrument Act and
sentenced to suffer imprisonment of one month. They were
directed to pay compensation of Rs.3,20,000/ vide judgment
and order dated 23rd December, 2016 passed by the learned
Metropolitan Magistrate 43rd Court, Borivali, Mumbai. The
appeal preferred by the applicants has been dismissed by the
Court of Sessions vide Judgment and order dated 30 th
December, 2021.
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT
JAMADAR
LIYAKAT Date:
JAMADAR 2022.02.18 Sajakali Jamadar 1 of 3
17:29:46
+0530
12-IA-370-2022-in-revn-65-2022.doc
2. Learned Advocate for the applicant submitted
that the applicants are convicted in 4 other cases and the
applicants have preferred separate Criminal Revision
applications challenging the judgment of the trial Court and
Appellate Court in respective cases. The applicants were
directed to pay the total compensation in all these
proceedings in the sum of Rs.14,00,000/-. In the present
case, the applicants had deposited the amount of Rs.44,000/-
before the Appellate Court. The applicants have also
deposited the amount in other cases. The total amount
deposited by the applicants in all the cases is to the extent of
Rs.2,80,000/-. On instructions it is submitted that the
applicants are willing to deposit 70% of the amount of
compensation in respect to all the cases including the amount
of Rs.2,80,000/- already deposited by them. Thus, the
applicants are willing to deposit the amount of Rs.7,00,000/-
towards the compensation in all the cases before the
Appellate Court.
3. Considering the fact that the applicants are
sentenced to suffer imprisonment of one month and the
statement as referred herein above, I pass the following
order : -
Sajakali Jamadar 2 of 3
12-IA-370-2022-in-revn-65-2022.doc
ORDER
i. Issue notice to respondent No.1 in Criminal
Revision Application No.65 of 2022 returnable on 21st
March, 2021.
ii. In the meantime by way of interim relief, the
sentence of imprisonment imposed vide Judgment and
order dated 23rd December, 2016 passed by the trial
Court and the judgment and order dated 30 th December,
2021 passed by the Appellate Court is suspended and the
applicants are directed to be released on bail on
executing P.R. Bond in the sum of Rs.20,000/- each with
one or more sureties in the like amount;
iii. The applicants are permitted to furnish cash bail
in the sum of Rs.20,000/- each till further orders.
iv. The applicants shall deposit the amount of
compensation as stated above within four weeks before
this Court.
v. Spare copy be supplied in the registry for issuing
notice to respondent No.1.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 3 of 3
