Bombay High Court
Amit Suhas Mayekar vs Vishal Jaysing Nalage And Anr on 10 March, 2022
Bench: R.P. Mohite-Dere
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN 35-IA-814 & 816-2022.doc
Q PATHAN Date:
2022.03.11
17:53:43
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 814 OF 2022
(FOR BAIL)
WITH
INTERIM APPLICATION NO. 816 OF 2022
(FOR SUSPENSION OF SENTENCE) (NOT ON BOARD)
IN
CRIMINAL REVISION APPLICATION NO. 118 OF 2022
Amit Suhas Mayekar ...Applicant
Versus
Vishal Jaysing Nalage & Anr. ...Respondents
Mr. Balkrishna Gajanan Tangsali for the Applicant
None for the Respondent No. 1
Mr. A. R. Patil, A.P.P for the Respondent No.2-State
CORAM : REVATI MOHITE DERE, J.
THURSDAY, 10th MARCH 2022
P.C. :
1 Interim Application No. 816/2022 is not on Board. Heard with
Interim Application No. 814/2022, which is listed at serial No.35 on today's
Board.
SQ Pathan 1/5
35-IA-814 & 816-2022.doc
2 Heard learned counsel for the parties.
3 By these applications, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the aforesaid revision.
4 The applicant, vide judgment and order dated 11th March 2016
passed by the learned Judicial Magistrate First Class, Dapoli in Summary
Criminal Case No. 136/2014, has been convicted and sentenced as under :
- for the offence punishable under Section 138 of the Negotiable
Instruments Act, to suffer simple imprisonment for 1 year and to pay
fine of Rs. 15,00,000/-, in default, to suffer simple imprisonment for
three months.
5 The said judgment and order of conviction and sentence was
partly modified/altered by the learned Additional Sessions Judge, Khed,
Ratnagiri, vide judgment and order dated 11th February 2022 passed in
SQ Pathan 2/5
35-IA-814 & 816-2022.doc
Criminal Appeal No. 22/2016. By the said alteration, the learned
Additional Sessions Judge directed the applicant to pay a fine of Rs.
15,00,000/- and compensation of Rs. 14,50,000/- to the respondent No.2-
complainant.
6 Learned counsel for the applicant submits that out of the said
amount of Rs. 15,00,000/- the applicant has deposited Rs. 3,50,000/- in the
trial Court. Learned counsel for the applicant on the instructions of a
relative of the applicant-Mr. Patekar, submits that insofar as, the balance
amount of Rs. 11,50,000/- is concerned, the applicant will deposit the said
amount in nine months from today. He submits that the applicant will file
an appropriate affidavit-cum-undertaking, stating therein how the said
balance amount would be deposited by him within nine months. Statement
accepted.
7 In view of the aforesaid, in the meantime, till the next date, the
applicant's sentence is suspended and he is enlarged on interim bail, on the
following terms and conditions :
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35-IA-814 & 816-2022.doc
ORDER
(i) The applicant be released on cash bail in the sum of
Rs. 10,000/-, 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 local
sureties in the like amount.
8 Issue notice to the respondents, returnable on 20th 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.
9 Learned counsel for the applicant to supply spare copy in the
Registry within one week from today, to enable the Registry to issue notice
to the respondent No.1.
10 The applicant to file an appropriate affidavit-cum-undertaking,
stating therein how the balance amount of Rs. 11,50,000/- will be deposited
SQ Pathan 4/5
35-IA-814 & 816-2022.doc
by him within nine months. The said affidavit-cum-undertaking to be filed
on the next date.
11 Stand over to 20th April 2022.
12 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
