Bombay High Court
M/S. Om Dhar Engineers And ... vs Pavankumar Nagraj Mehta And Anr on 25 January, 2022
Bench: R.P. Mohite-Dere
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date: 3-WP-6160-2021.doc
2022.01.27
17:44:03
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.6160 OF 2021
1. M/s. Om Dhar Engineers & Contractors
Pvt. Ltd. - A Company
2. K. Dharmesh Kumar - Director
3. K. Rambabu - Director
4. Rajesh Kumar - Director ...Petitioners
Versus
1. Pavankumar Nagraj Mehta,
Proprietor of Rose Metal
through Suraj Pavankumar Mehta
2. The State of Maharashtra ...Respondents
Ms. Gulestan Mehernosh Dubash for the Petitioners
Mr. A. R. Patil, A.P.P for the Respondent No.2-State
CORAM : REVATI MOHITE DERE, J.
(THROUGH VIDEO-CONFERENCING)
TUESDAY, 25th JANUARY 2022
P.C. :
1 Heard learned counsel for the parties.
2 By this petition, the petitioners have impugned the order dated
27th August 2021 passed by the learned Additional Sessions Judge, Mumbai
SQ Pathan 1/5
3-WP-6160-2021.doc
in Criminal Miscellaneous Application No. 1020 of 2021, by which, the
learned Judge was pleased to reject the petitioners' prayer to continue the
provisional cash bail and directed the petitioners to furnish suretry within
three months from the date of the order.
3 Learned counsel for the petitioners submits that the petitioners
are residents of Hyderabad and as such, due to the pandemic, are unable to
furnish surety, as directed by the Appellate Court. She submits that even
during trial, the petitioners were granted provisional cash bail and as such,
the Appellate Court also ought to have continued the same.
4 During the course of arguments, learned counsel for the
petitioners orally prayed that if the Court was not inclined to continue the
provisional cash bail, the PR bond of Rs. 50,000/- each granted vide order
dated 18th May 2021, be reduced to that of Rs.25000/- each, with one or
two sureties in the like amount.
5 Learned A.P.P opposes the application.
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3-WP-6160-2021.doc
6 Perused the papers. The petitioners, vide order dated 2 nd
February 2021, have been convicted for the offence punishable under
Section 138 r/w Section 141 of the Negotiable Instruments Act by the
learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, in CC
No. 4405/SS/2015. The petitioner Nos. 2 to 4 were sentenced to suffer SI
for 6 months each, for the said offence and the petitioner Nos. 1 to 4 were
directed to pay Rs. 32,40,000/- to the respondent No.1/complainant within
three months from the date of the order, if not paid, interest @ 9% per
annum was to be levied on the said amount, till its realization, in default,
the petitioner Nos. 2 to 4 were directed to suffer SI for 2 months, each.
7 Being aggrieved by the said judgment and order of conviction
and sentence, the petitioners preferred appeal before the learned Sessions
Judge along with Criminal Miscellaneous Applications seeking suspension
of sentence and cancellation of execution of sentence and an application for
bail. The learned Sessions Judge vide order dated 18th May 2021, suspended
the sentence, subject to payment of 20% of the amount and released the
petitioners on furnishing P.R. bond in the sum of Rs. 50,000/- each, with
one or two sureties in the like amount.
SQ Pathan 3/5
3-WP-6160-2021.doc
8 The Appellate Court, vide order dated 1st July 2021 released
the petitioners on provisional cash bail of Rs. 50,000/- each and directed
them to submit sureties within one month.
9 It appears that the petitioners have deposited the cash bail
amount of Rs. 50,000/- each, in the Appellate Court. The petitioners are
from Hyderabad and have been convicted for the offence punishable under
Section 138 of the Negotiable Instruments Act. In order to secure their
presence, it is necessary for them to furnish sureties.
10 It is informed that the direction to furnish sureties within three
months from the date of order, has already expired. Learned counsel seeks
extension of time to furnish sureties and for reduction of the surety amount.
Accordingly the aforesaid petition is allowed on the following terms and
conditions :
ORDER
(i) The order of the Appellate Court dated 18th May 2021
stands modified;
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3-WP-6160-2021.doc
(ii) The release of the petitioners on cash bail is extended by
a period of six weeks from today and the period to furnish sureties,
is extended by a period of 6 weeks from today;
(iii) During the said period of six weeks, the petitioners to
furnish P.R. Bond in the sum of Rs. 25,000/- each, with one or two
sureties in the like amount.
11 Petition is disposed of in the aforesaid terms.
12 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
