Bombay High Court
Rupali Shashank Tyagi vs Devendra Kundanlal Sethi And Anr on 14 March, 2022
Bench: R.P. Mohite-Dere
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.03.15
CHITNIS 10:50:23 +0530
29-ia.872&871.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.872 OF 2022
(FOR SUSPENSION OF SENTENCE)
WITH
CRIMINAL INTERIM APPLICATION NO.871 OF 2022
(FOR BAIL)
IN
CRIMINAL REVISION APPLICATION NO.123 OF 2022
Rupali Shashank Tyagi ...Applicant
Versus
Devendra Kundanlal Sethi and Anr. ...Respondents
Mr. Yashpal M. Thakur, 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.
DATE : 14th MARCH 2022
P.C. :
1. By these applications, the applicant seeks suspension of her
sentence and enlargement on bail.
2. The applicant vide Judgment and Order dated 20 th March 2015,
passed by learned Metropolitan Magistrate, 63rd Court, Andheri, Bombay,
N. S. Chitnis 1/4
29-ia.872&871.2022.doc
in C.C. No. 1009/SS/2013, has been convicted for the alleged offence
punishable under Section 138 of the Negotiable Instruments Act and has
been sentenced to suffer simple imprisonment for three months and to pay
compensation of Rs.7,00,000/- to the complainant i.e. the respondent No.1,
within two months, failing which, the applicant was to undergo further
simple imprisonment for one month. The said Judgment and Order of
conviction and sentence was confirmed by the Appellate Court i.e. learned
1st Additional Principal Judge and Special Judge
MCOCA/POTA/NIA/TADA, Greater Mumbai, in Criminal Appeal No.324
of 2015, vide Judgment and Order dated 3rd February 2022.
3. Learned Counsel for the applicant states that the applicant has
deposited a sum of Rs.1,40,000/- out of the said compensation amount of
Rs.7,00,000/, in the trial Court. He, further, states that the applicant will
deposit pay order of Rs.1,60,000/- in the registry of this Court, within one
week from today. Statement accepted. As far as balance amount of
Rs.4,00,000/- is concerned, the applicant on her release to file an affidavit-
cum-undertaking, how the said amount will be deposited by her, within a
reasonable time frame.
N. S. Chitnis 2/4
29-ia.872&871.2022.doc
4. Issue notice to the respondents, returnable on 25th April 2022.
Learned APP 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 affidavit of service before the next date.
5. Learned Counsel for the applicant to supply a spare copy in the
Registry, within one week from today, so as to enable the Registry to issue
notice to the respondent No.1.
6. Considering the aforesaid, till the next date, the applicant's
sentence is suspended and she is granted interim bail, on the following
terms and conditions:
ORDER
i) The Applicant be released on cash bail in the sum of Rs.15,000/-, 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.15,000/- with one or two sureties in the like
N. S. Chitnis 3/4
29-ia.872&871.2022.doc
amount;
iii) The Applicant to deposit pay order of Rs.1,60,000/- in the registry of
this Court, within one week from today.
7. Stand over to 25th April 2022.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
N. S. Chitnis 4/4
