Bombay High Court
Minaj Latif Mulani And Anr vs Sahil Hashamoddin Inamdar And Anr on 30 March, 2022
Bench: R.P. Mohite-Dere
903a IA 1061-2022 in REVN 143-2022.doc
Digitally signed
by RUPALI
RAJESH
RUPALI WAKODIKAR
RAJESH
WAKODIKAR Date:
2022.03.30
17:41:04
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1061 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 143 OF 2022
1. Minaj Latif Mulani
2. Amol Vasant Tarlekar ...Applicants
Versus
Sahil Hashamoddin Inamdar and Anr. ...Respondents
Mr. P.G.Chavan for the Applicants.
Mr. H.J.Dedhia, A.P.P for the Respondent No.2-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 30th MARCH, 2022
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicants seek suspension of their
sentence and enlargement on bail, pending the hearing and final disposal of
the aforesaid Revision Application.
3. The applicants, vide Judgment and Order dated 7th September,
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903a IA 1061-2022 in REVN 143-2022.doc
2018, passed by learned Judicial Magistrate First Class, Sangola, in
Summary Trial Case No. 22 of 2012 have been convicted for the offence
punishable under Section 138 of the Negotiable Instruments Act and are
sentenced to suffer simple imprisonment for six months. The applicants
have also been directed by the said Judgment and Order to deposit
compensation of Rs.1,25,000/-. The said Judgment and Order of
conviction and sentence was confirmed by the learned Extra Joint
Additional Sessions Judge, Pandharpur, vide Judgment and Order dated
19th March, 2022 passed in Criminal Appeal No. 61 of 2018.
4. Learned Counsel for the applicants submits that the applicants
have deposited Rs.60,000/- before the trial Court and the applicants are
ready to deposit the balance amount of Rs.65,000/- in the Registry of the
trial Court within three weeks from today. Statement accepted.
5. The Revision Application has been admitted by a separate
order passed today and the same is not likely to come up for hearing in the
immediate near future. The sentence imposed is a short term sentence. It
is not in dispute that the applicants were on bail pending trial and during
the pendency of their appeal and that, the have not misused or abused the
liberty granted to them.
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903a IA 1061-2022 in REVN 143-2022.doc
6. Considering the aforesaid, the application is allowed and the
applicants' sentence is suspended and they are enlarged on bail, pending the
hearing and final disposal of their Revision Application, on the following
terms and conditions :-
ORDER
i) The Applicants be released on cash bail in the sum of
Rs.10,000/- each, for a period of six weeks;
ii) The Applicants shall thereafter furnish P.R. Bond in the
sum of 10,000/- each, with surety in the like amount, within a
period of six weeks of their release on cash bail;
iii) The Applicants shall report to the trial Court, once in six
months on the day/date specified by the trial Court;
iv) The Applicants shall keep the trial Court informed of
their current address and mobile contact number and/or change
of residence or mobile details, if any, from time to time;
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903a IA 1061-2022 in REVN 143-2022.doc
7. The Application is allowed in the aforesaid terms and
accordingly disposed of.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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