Gopal Krishnan Nair vs Asian Paints Ppg Private Limited ...
2022 Latest Caselaw 3487 Bom

                                                           1 of 2                   502.IA(Stamp).5556.2022.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                        INTERIM APPLICATION (STAMP) NO.5556 OF 2022
                                                             IN
                                               CRIMINAL APPEAL NO.60 OF 2022

                               Gopal Krishnan Nair                                          Applicant
                                     versus
                               Asian Paints PPG Private Limited through its
                               Costituted Attorney Prem Prasoon and another                 Respondents

                               Mr.Ashok Kumar Mishra, Advocate for applicant.
                               None present for respondent no.1.
                               Mr.Arfan Sait, APP, for State.

                                                        CORAM :         PRAKASH D. NAIK, J.

                                                        DATE        :   30th March 2022
                               PC :


                               1.     This is an application for bail in Criminal Appeal No.60 of
                               2022. The applicant is respondent no.1 in aforesaid appeal preferred
                               by original complainant challenging judgment and order of acquittal
                               passed by Metropolitan Magistrate, 33rd Court, Ballard Pier in CC
                               No.10055/SS/2016 in the case u/s.138 of Negotiable Instruments
                               Act. This Court vide order dated 22 nd December 2021 admitted the
                               appeal and action u/s.390 of Cr.P.C was initiated.


                               2.     The applicant was not aware of such order since appeal was
                               admitted ex-parte.   While executing action u/s.390 of Cr.P.C, the
                               applicant was arrested on 28th March 2022 and he was produced on

         Digitally signed by
                               the same day before Metropolitan Magistrate, 33 rd Court, Ballard
MANISH   MANISH SURESH
SURESH
                               Pier, Mumbai.    Since the applicant was in custody, he preferred
         THATTE
         Date: 2022.04.01
THATTE   12:15:07 +0530



                               application for bail before the said Court.            Surprisingly the
                               2 of 2                 502.IA(Stamp).5556.2022.doc


application was rejected by the Trial Court on the ground that
warrant was issued pursuant to the order passed by High Court for
execution of action u/s.390 of Cr.P.C.


3.      It is pertinent to note that whenever action u/s.390 of Cr.P.C is
initiated, the Court before which he is brought may commit him to
prison pending the disposal of the appeal or admit him to bail. The
Trial Court ought to have granted bail to the applicant.                    The
applicant continues to be in custody from 28th March 2022.


4.      In view of the aforesaid circumstances, I pass following order :
                                 ORDER

(i) In accordance with order dated 23 rd December 2021 for initiating action u/s.390 of Cr.P.C, the 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/- for a period of eight weeks in lieu of sureties;

(iii) Interim Application is disposed of;

(iv) The bail bond/cash bail is to be executed before Trial Court.

(PRAKASH D. NAIK, J.) MST