Bombay High Court
Khokhawala Mohammedi Abbasbhai vs Assistant Collector Of ... on 7 January, 2022
Bench: R.P. Mohite-Dere
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.01.07
CHITNIS 17:06:58 +0530
9-ia.29.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.29 OF 2022
IN
CRIMINAL REVISION APPLICATION NO.13 OF 2022
Khokhawala Mohammedi Abbasbhai ...Applicant
Versus
Assistant Collector of Customs (A) and Anr. ...Respondents
Mr. Taraq Sayed i/b Mr. Advait Tamhankar, for the Applicant.
Mr. Ajit Inamdar, for the Respondent No.1.
Ms. Anamika Malhotra, A.P.P for the Respondent No.2- State.
CORAM : REVATI MOHITE DERE, J.
DATE : 7th JANUARY 2022
(THROUGH VIDEO CONFERENCING)
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the aforesaid Revision Application.
N. S. Chitnis 1/4
9-ia.29.2022.doc
3. The applicant vide Judgment and Order dated 12 th February
2019, passed by learned Additional Chief Metropolitan Magistrate, 19 th
Court, Esplanade, Mumbai, in C.C. No.33/CW/1995 was convicted for the
offences punishable under Sections 135 (1)(a) r/w 135 (1)(i) of the Custom
Act and was sentenced to undergo rigorous imprisonment for 1 year and
to pay a fine of Rs.10,000/-, in default, to further undergo rigorous
imprisonment for 1 month. The applicant was further convicted for the
offences punishable under Sections 135 (1)(b) r/w 135 (1)(i) of the Custom
Act and was sentenced to undergo rigorous imprisonment for 1 year and
to pay a fine of Rs.10,000/-, in default, to further undergo rigorous
imprisonment for 1 month. In addition to the aforesaid, the applicant was
also convicted for the offence punishable under Section 132 of the Custom
Act and was sentenced to undergo rigorous imprisonment for 6 months
and to pay a fine of Rs.5,000/-, in default, to further undergo rigorous
imprisonment for 1 month. All the aforesaid sentences were directed to run
concurrently. The aforesaid Judgment and Order was confirmed by the
learned 1st Additional Principal Judge and Special Judge, MCOCA/POTA/
NIA/TADA, Greater Mumbai, in Criminal Appeal No.234 of 2019, vide
Judgment and Order dated 22nd December, 2021.
N. S. Chitnis 2/4
9-ia.29.2022.doc
4. The Revision Application has been admitted by a separate
order passed today and the same is not likely to come up for the hearing in
the immediate near future. The sentence imposed is a short term sentence.
There is nothing on record to show that the applicant whilst on bail has
misused or abused the liberty granted to him.
5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his Revision, on the following terms and
conditions :
ORDER
i) The Applicant be released on cash bail in the sum of Rs.20,000/-, for
a period of eight weeks;
ii) The Applicant shall within the said period of eight weeks, furnish
P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like
amount;
N. S. Chitnis 3/4
9-ia.29.2022.doc
iii) The Applicant shall report to the trial Court, once in six months on
the day/date specified by the trial Court, till his Appeal is finally disposed
of;
iv) The Applicant shall keep the trial Court informed of current
address and mobile contact number and/or change of residence or mobile
details, if any, from time to time.
6. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
N. S. Chitnis 4/4
