Shital Sanjay Puntalikar vs Nadiya Sameer Naik And Anr
2022 Latest Caselaw 6173 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO.2023 OF 2022
                                                   IN
                               CRIMINAL REVISION APPLICATION NO.276 OF 2022


                      Shital Sanjay Puntalikar                            .. Applicant
                             Versus
                      Nadiya Sameer Naik and Anr.                         .. Respondents

                                                     ......
                      Mr.Ashish V. Pawaskar, Advocate for the Applicant.
                      Mr.A.R. Patil, APP for the Respondent No.2-State.
                                                       ......

                                              CORAM : PRAKASH D. NAIK J.

                                              DATED : JULY 01, 2022.

                      P.C. :

                                  This is an application for suspension of sentence and

         Digitally
                      grant of bail during the pendency of Criminal Revision Application
         signed by
         RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
                      No.276 of 2022.
         2022.07.01
         18:00:21
         +0530




                      2           The applicant is convicted for the offence punishable

                      under Section 138 of the Negotiable Instruments Act vide judgment

                      and order dated 29th November, 2021 passed by 4th Judicial

                      Magistrate First Class Ratnagiri in SCC No.1236 of 2017 and

                      sentenced to suffer imprisonment for one month and to pay

                      compensation of Rs.1,00,000/- to the complainant. The applicant has

                      challenged trial Court's judgment by preferring Appeal before the
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Additional Sessions Judge, Ratnagiri, which has been dismissed by

judgment and order dated 22nd June, 2022. The applicant has been

taken into custody.


3           Learned advocate for the applicant submitted that the

applicant is in custody from 22nd June, 2022. During the pendency of

Appeal, the applicant had deposited an amount of Rs.20,000/-. Copy of

the receipt has been annexed to this Application. It is further

submitted that the applicant would deposit an amount of Rs.30,000/-,

within a period of one month. His statement is accepted.


4           Considering the aforesaid circumstances, by way of

interim relief, the sentence of imprisonment is suspended and bail can

be granted to the applicant.


5           Hence, I pass the following order:


                               :: O R D E R ::

(i) The sentence of imprisonment vide judgment and order

dated 21st November, 2021, passed by 4th Judicial

Magistrate First Class Ratnagiri in SCC No.1236 of 2017

and confrmed by Additional Sessions Judge, Ratnagiri,

in Criminal Appeal No.21 of 2021, is suspended and the

applicant is directed to be released on bail on executing rpa 3/3 36ia2023of2022.doc

P.R.Bond in the sum of Rs.15,000/-, with one or more

sureties in the like amount;

(ii) Applicant/appellant is permitted to furnish cash bail

security of Rs.15,000/-, for a period of eight weeks, in

lieu of surety;

(iii) Applicant shall deposit an amount of Rs.30,000/- before

the trial Court within a period of four weeks after her

release;

(iv) Interim Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)