Bombay High Court
Sneha Ashish Shah vs The State Of Maharashtra And Anr on 9 June, 2022
Bench: Prakash Deu Naik
13-IA-1670-2022-in-REVN-205-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1670 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 205 OF 2022
Sneha Ashish Shah ...Applicant
Versus
The State Of Maharashtra And Anr. ...Respondent
....
Mr. Sagar Kasar a/w Ms. Rachana Harpale a/w Ms. Chaitali Bhogle i/by
Mr. Amol Wagh, Advocate for the Applicant.
Mr. Neeraj D. Yadav h/f. R. Sathynarayanan, Advocate for Respondent
No.2.
Mr. A. R. Patil, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 9th JUNE, 2022.
PER COURT:
1. This is an application for suspension of sentence of
imprisonment and grant of bail during the pendency of Revision
application preferred by the applicant challenging the judgment
and order dated 27th September, 2017 passed by the Court of
learned Metropolitan Magistrate, 7 th Court, Dadar, Mumbai in C.C.
No.215/SS/2013 convicting the applicant for offence under Section
138 of Negotiable Instruments Act, 1881 and sentencing her to
suffer simple imprisonment for three months and to pay
compensation of Rs.25,84,000/- to the complainant within three
months i.e. on or before 27 th December, 2017 as well as judgment
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT
JAMADAR
Date:
Sajakali Jamadar 1 of 4
JAMADAR 2022.06.09
19:07:39
+0530
13-IA-1670-2022-in-REVN-205-2022.doc
and order dated 14th October, 2021 passed by the Court of
Additional Sessions Judge, Greater Mumbai dismissing Criminal
Appeal No.106 of 2018 and thereby confirming the judgment of
trial Court.
2. Learned Advocate for the applicant submits that,
pursuant to the judgment of conviction passed by the trial Court
and the dismissal of appeal, warrant of conviction has been issued
against the applicant. She is a lady. She would deposit the amount
of compensation within stipulated time. The undertaking executed
by the Revision applicant has been tendered in Court. Copy has
been provided to the learned counsel for Respondent -
complainant.
3. The undertaking is taken on record and marked as 'X'
for identification. The undertaking of the applicant stipulates that
she shall deposit an amount of Rs.10,00,000/- within a period of
two weeks from today i.e. on or before 23 rd June, 2022 in the
registry of this Court. She shall deposit the amount of
Rs.12,64,000/- within a period of four weeks from 23 rd June, 2022
i.e. on or before 21st July, 2022 before this Court. She has also
undertaken to pay cost of Rs.2,500/- which is handed over to the
Advocate representing Respondent No.2.
Sajakali Jamadar 2 of 4
13-IA-1670-2022-in-REVN-205-2022.doc
4. Learned counsel for revision applicant has submitted
that the amount of Rs.3,20,000/- has been deposited by the
applicant during the pendency of appeal before the Sessions Court.
5. Learned counsel for Respondent/complainant submits
that the amount deposited and to be deposited by the applicant
may be allowed to be withdrawn by the Respondent/complainant.
6. In view of undertaking filed by the applicant and to
examine the bonafides of the applicant, interim relief can be
granted to the applicant in the form of interim bail till the next date
of hearing. The prayer for withdrawal of the amount urged by the
learned counsel for the complainant would be dealt with on the
next date of hearing after the amount of first installment of
Rs.10,00,000/- is deposited by the revision applicant.
7. Hence, I pass the following order:
ORDER
i) The conviction warrant issued against the applicant is
stayed.
ii) The sentence of imprisonment imposed vide Judgment
and order dated 27th September, 2017 passed by the learned
Metropolitan Magistrate, 7th Court, Dadar, Mumbai in C.C.
No. 215/SS/2013 and confirmed vide judgment and order
dated 14th October, 2021 passed by the Court of Additional
Sajakali Jamadar 3 of 4
13-IA-1670-2022-in-REVN-205-2022.doc
Sessions Judge, Greater Mumbai in Criminal Appeal No.106 of
2018 is suspended and the applicant is directed to be released
on bail on executing P.R. Bond in the sum of Rs.20,000/- with
one or more sureties in the like amount;
iii) The applicant is permitted to furnish cash bail in the
sum of Rs.20,000/- till the next date of hearing.
iv) This interim protection granted to the applicant shall
be subject to compliance of the undertaking.
v) Stand over to 24th June, 2022.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 4 of 4
