Bombay High Court
Vinay Sarveratan Varma vs State Of Maharashtra And Anr on 15 March, 2022
Bench: R.P. Mohite-Dere
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date: 3-IA-896 & 897-2022.doc
2022.03.16
16:58:54
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 896 OF 2022
(FOR BAIL)
WITH
CRIMINAL INTERIM APPLICATION NO. 897 OF 2022
(FOR SUSPENSION OF SENTENCE)
IN
CRIMINAL REVISION APPLICATION NO. 74 OF 2022
Vinay Sarveratan Varma ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Ram Prakash Pandey for the Applicant
Ms. Anamika Malhotra, A.P.P for the Respondent No.1-State
None for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
TUESDAY, 15th MARCH 2022
P.C. :
1 Interim Application Nos. 896/2022 and 897/2022 are not listed
on board today. The same are taken on Board and heard along with
Criminal Revision Application No. 74/2022, which is at serial No.3 on
today's board.
SQ Pathan 1/5
3-IA-896 & 897-2022.doc
2 Heard learned counsel for the applicant.
3 By these applications, the applicant seeks suspension of his
sentence and enlargement on bail.
4 The applicant, vide judgment and order dated 10th March 2021
passed by the learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai
in C.C. No. 3261/SS/2015, has been convicted and sentenced as under :
- for the offence punishable under Section 138 of the Negotiable
Instruments Act, to suffer rigorous imprisonment for one months and
to pay fine of Rs. 2,50,000/-, in default, to suffer simple
imprisonment for three months.
5 The said judgment and order of conviction and sentence was
confirmed by the learned Additional Sessions Judge, City Civil & Sessions
Court, Greater Bombay, vide judgment and order dated 5 th January 2022
passed in Criminal Appeal No. 133/2021.
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3-IA-896 & 897-2022.doc
6 Today, learned counsel for the applicant has tendered an
affidavit-cum-undertaking of the applicant. The same is taken on record. It
appears that out of the fine amount of Rs. 2,50,000/- imposed by the trial
Court and confirmed by the Appellate Court, the applicant has deposited
Rs. 50,000/- in the trial Court and that the said amount has been withdrawn
by the complainant.
7 As far as the balance amount of Rs. 2,00,000/- is concerned,
the applicant has, in para 3 of the affidavit-cum-undertaking has set out the
manner in which the said amount would be paid to the complainant i.e.
(a) Rs. 25,000/- on or before 15th March 2022
(b) Rs. 50,000/- on or before 15th April 2022
(c) Rs. 50,000/- on or before 15th May 2022
(d) Rs.50,000/- on or before 15th June 2022
(e) Rs. 25,000/- on or before 15th July 2022
The applicant is present in Court and undertakes to abide by the said
undertaking.
SQ Pathan 3/5
3-IA-896 & 897-2022.doc
8 Considering the affidavit-cum-undertaking filed by the
applicant, till the next date, the applicant's sentence is suspended and he is
enlarged on interim bail, on the following terms and conditions :-
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;
iii) The applicant to deposit the first instalment of Rs.25,000/- in
the Registry of this Court within one week from today instead of 15 th
March 2022. The rest of the instalments be deposited in the Registry
of this Court, as set out in para 7 above;
9 Issue notice to the respondents, returnable on 27th April 2022.
Learned A.P.P waives notice on behalf of the respondent No.1-State. In
addition to Court notice, applicant to serve the respondent No.2 by
Advocate's notice and file an affidavit of service before the returnable date.
SQ Pathan 4/5
3-IA-896 & 897-2022.doc
10 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. 2. If spare copy is not supplied in the stipulated time,
the application shall stand dismissed for non-prosecution, without further
reference to the Court.
11 Stand over to 20th April 2022 for recording compliance of the
first and second instalments.
12 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
