Anisa Akbar Ansari vs The State Of Maharashtra And Anr
2022 Latest Caselaw 6500 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                   CRIMINAL APPLICATION NO.642 OF 2022


                      Anisa Akbar Ansari                               .. Applicant
                            Versus
                      State of Maharashtra and Anr.                    .. Respondents

                                                   ......

Mr.Amrut Joshi a/w. Mr.Shubham Awasthi i/b. Mr.Shashank Mishra, Advocate for the Applicant.

Mr.A.D. Kamkhedkar, APP for the Respondent No.1-State.

......

CORAM : PRAKASH D. NAIK J.

DATED : JULY 11, 2022.

P.C. :

Leave to amend to convert this Application into Criminal

Revision Application. Amendment may be carried out within three

days.

2 The applicant is a lady who has been convicted for the

offence punishable under Section 138 of the Negotiable Instruments

Act, vide judgment and order dated 9 th April, 2018. The applicant has

been sentenced to suffer simple imprisonment for one year and to pay

fine of Rs.29,28,000/9. The judgment of trial Court was confirmed by

Digitally the Sessions Court by dismissing the Appeal preferred by the signed by RAJESHRI RAJESHRI PRAKASH PRAKASH AHER AHER Date:

2022.07.11 appellant vide order dated 2nd July, 2022.

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3            Learned advocate for the applicant submits that the

cheque amount was Rs.14,64,000/9. The trial Court has awarded the

compensation to the extent of twice the amount of the cheque. During

the pendency of the Appeal, the applicant has deposited

Rs.5,85,600/9. The applicant would deposit further amount of

Rs.5,00,000/9, within three weeks from the date of her release. The

applicant has been taken into custody on 2nd July, 2022. Thereafter,

she was hospitalized. On instructions, it is submitted that she has

been discharged from the hospital and taken into custody on 10 th July,

2022.

4 Issue notice to respondent no.2, returnable on 5 th August,

2022.

5 Considering the submissions interim relief can be granted

to the applicant.

6 The sentence imposed by learned J.M.F.C. vide order

dated 9th April, 2018, passed in SCC No.4665 of 2019, and, confirmed

by the Appellate Court vide judgment and order dated 2 nd July, 2022,

is suspended, and, the applicant is directed to be released on bail on

executing P.R.Bond in the sim of Rs.20,000/9, with one or more

sureties in the like amount.

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7              Applicant is permitted to furnish cash bail in the sum of

Rs.20,000/9, for a period of about eight weeks, in lief of surety, till

further order.

8 Applicant shall deposit the amount of Rs.5,00,000/9,

before the trial Court within a period of three weeks from the date of

her release.

(PRAKASH D. NAIK, J.)