Dharmendra Ravindra Dabholkar vs State Of Maharashtra And Anr
2022 Latest Caselaw 7264 Bom

                                     Ethape                  1                17-IA-2448-2022.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 2448 OF 2022
                                                        IN
                                       REVISION APPLICATION NO. 299 OF 2022

                                Dharmendra Ravindra Dabholkar                ...Petitioner
                                     Versus
                                State Of Maharashtra and Anr.                ...Respondents

                                                                 ....
                                Mr. Ashok Pandhire i/by Mr. Sachin S. Padaye , Advocate for
                                the Applicant.
                                Mr. A. R. Patil, APP for the Respondent - State.
             Digitally signed
             by
                                                                 ....
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
             Date: 2022.07.28
             18:50:12 +0530


                                                      CORAM : PRAKASH D. NAIK, J.
                                                      DATE       : 27th July, 2022
                                PC :

                                1.     This is an application for suspension of sentence and

                                grant of bail during the pendency of Criminal Revision

                                Application No. 299 of 2022.



                                2.     The applicant has been convicted for an ofence

                                punishable under Section 138 of the Negotiable Instruments

                                Act vide judgment and order dated 18.03.2019 passed by

                                3rd Joint Judicial Magistrate First Class, Ratnagiri and

                                sentenced to sufer simple imprisonment for three months

                                and to pay compensation to the tune of Rs. 45,000/-. The
         Ethape                 2               17-IA-2448-2022.doc


appeal preferred by the appellant challenging the aforesaid

judgment has been dismissed by the Sessions Judge,

Ratnagiri vide judgment and order dated 27.05.2022.



3.      Learned advocate for the applicant submits that entire

amount of compensation imposed by the trial Court has

been deposited in the trial Court as well as Appellate Court.

The applicant has surrendered to custody on 19.07.2022

since then he is in custody.



4.      Considering the fact that the amount of compensation

has been deposited, interim relief granted to the applicant.

                               ORDER

(i) By way of interim relief, the sentence of imprisonment

imposed vide judgment and order dated 18.03.2019 passed

by 3rd Joint Judicial Magistrate First Class, Ratnagiri in SCC

No. 384 of 2016 confrmed vide judgment and order dated

27.05.2022 passed by Sessions Judge, Ratnagiri in Criminal

appeal No. 17 of 2019 is suspended and the applicant is

directed to be released on bail on executing PR bond in the

sum of Rs. 15,000/- with one or more sureties in the like

amount

(iii) The applicant is permitted to furnish cash bail in the Ethape 3 17-IA-2448-2022.doc

sum of Rs. 15,000/- in lieu of sureties till further orders.

(iv) Stand over to 05.09.2022.

(PRAKASH D. NAIK, J.)