Mohan Anandrao Chavan vs Shilvant Krushnaji Chavan And Anr
2022 Latest Caselaw 5308 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

             INTERIM APPLICATION NO.770 OF 2022
                             IN
        CRIMINAL REVISION APPLICATION NO.116 OF 2022

Mohan Anandrao Chavan                                   Applicant
      versus
Shilvant Krushnaji Chavan and another                   Respondents

Mr.Prayas Yadav, Advocate for applicant.
Mr.A.R.Patil, APP, for State.

                         CORAM :      PRAKASH D. NAIK, J.

                         DATE     :   13th June 2022
PC :


1.     This is an application for suspension of sentence and grant of
bail during pendency of Revision Application No.116 of 2022. The
applicant is convicted vide judgment and order dated 17 th September
2016 passed by learned JMFC, Court No.14, Kolhapur for the offence
u/s.138 of Negotiable Instruments Act and sentenced to suffer
imprisonment for three months.             He was directed to pay
compensation of Rs.5 lakh within one month from the date of
conviction.   The judgment of Trial Court was      challenged before
Appellate Court by preferring Criminal Appeal No.154 of 2016. The
appeal has been dismissed vide judgment and order dated 1 st
January 2022.     The order of Appellate Court indicate that non-
bailable warrant be issued against applicant.


2.     Learned counsel for applicant submitted that there are several
discrepancies in the evidence adduced by complainant.                 The
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applicant has been directed to pay compensation of Rs.5 lakh. On
instructions he submits that during pendency of the appeal the
applicant has deposited Rs.40,000/-. The applicant would deposit
amount of Rs.2,00,000/- towards compensation within a period of
six weeks from today. The statement is accepted. Considering the
above circumstances, presently interim relief can be granted to the
applicant.
                                 ORDER

(i) The sentence imposed vide judgment and order dated 17 th September 2016 passed by learned JMFC, Court No.14, Kolhapur in Summary Criminal Case No.2987 of 2014, which is confirmed by the Court of Additional Sessions Judge, Kolhapur vide judgment and order dated 1st January 2022 passed in Criminal Appeal No.154 of 2016, is suspended and 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;

(ii) The applicant is permitted to furnish cash bail in the sum of Rs.15,000/- till next date of hearing;

(iii) This interim order is granted till 25 th July 2022. Stand over to 25th July 2022.

(PRAKASH D. NAIK, J.) MST