Bombay High Court
Subhash Ramchandra Jakhale vs Yusuf Kasim Mujawar And Anr on 7 March, 2022
Bench: R.P. Mohite-Dere
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN 43-IA-736-2022.doc
Q PATHAN Date:
2022.03.09
12:58:56
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 736 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 114 OF 2022
Subhash Ramchandra Jakhale ...Applicant
Versus
Yusuf Kasim Mujawar & Anr. ...Respondents
Mr. Anand S. Patil for the Applicant
None for the Respondent No. 1
Ms. Anamika Malhotra, A.P.P for the Respondent No.2-State
CORAM : REVATI MOHITE DERE, J.
MONDAY, 7th MARCH 2022
P.C. :
1 Heard learned counsel for the applicant.
2 By this application, the applicant seeks suspension of his
sentence and enlargement on bail. The applicant, vide judgment and order
dated 6th January 2016 passed by the learned Judicial Magistrate First Class
SQ Pathan 1/4
43-IA-736-2022.doc
(Court No. 7), Kolhapur in Summary Criminal Case No. 804 of 2014, was
convicted for the offence punishable under Section 138 of the Negotiable
Instruments Act (`N.I. Act') and was sentenced to suffer imprisonment till
rising of the Court and to pay compensation of Rs. 2,00,000/-, in default, to
suffer 4 months imprisonment. The said judgment and order was confirmed
by the Appellate Court i.e. Additional Sessions Judge, Kolhapur, vide
judgment and order dated 6th February 2020. It is informed that the
applicant is in custody.
3 Learned counsel for the applicant states that the applicant has
deposited some amount before the Appellate Court, however, he is unable
to make a statement, since the applicant is in custody. He, however, states
that the applicant is ready to deposit the entire amount of compensation as
awarded by the trial Court and confirmed by the Appellate Court, excluding
the amount deposited by him before the Appellate/trial Court, if any. He
submits that the applicant would deposit the balance amount in the trial
Court on or before 8th April 2022. Statement accepted.
SQ Pathan 2/4
43-IA-736-2022.doc
4 Considering the aforesaid, till the next date, the applicant's
sentence is suspended and he is granted interim bail on the following terms
and conditions:
ORDER
(i) The applicant be released on cash bail in the sum of
Rs. 10,000/- in Summary Criminal Case No.804/2014, for a period of
six weeks;
(ii) The applicant shall within the said period of six weeks,
furnish P.R. Bond in the sum of Rs. 10,000/- with one or two
sureties in the like amount;
(iii) The applicant shall deposit the balance amount in the
trial Court on or before 8th April 2022.
5 Issue notice to the respondents, returnable on 11th April 2022.
Learned A.P.P waives notice on behalf of the respondent No.2-State. In
addition to Court notice, applicant to serve the respondent No.1 by
Advocate's notice and file an affidavit of service before the returnable date.
SQ Pathan 3/4
43-IA-736-2022.doc
6 Learned counsel for the applicant to submit spare copy within
one week from today, to enable the Registry to serve notice on the
respondent No.1. If the spare copy is not submitted within the stipulated
time, the application shall stand dismissed for non-prosecution, without
further reference to the Court.
7 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
