Bombay High Court
Paramjitsingh Chhatwal vs Suresh Chetwani And Anr on 31 March, 2022
Bench: R.P. Mohite-Dere
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2022.04.01
CHITNIS 11:18:04 +0530 903-ia.1081.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1081 OF 2022
IN
CRIMINAL REVISION APPLICATION NO.144 OF 2022
Paramjitsingh Chhatwal ...Applicant
Versus
Suresh Chetwani and Anr. ...Respondents
Mr. Akshay A. Deshmukh, for the Applicant.
None for the Respondent No.1.
Mr. H. J. Dedhia, A.P.P for the Respondent No.2- State.
CORAM : REVATI MOHITE DERE, J.
DATE : 31st MARCH 2022
P.C. :
1. By this application, the applicant seeks suspension of his
sentence and enlargement on bail.
2. The applicant vide Judgment and Order dated 22nd February
2017, passed by learned 4th Joint Judicial Magistrate, First Class, Pimpri,
Pune, in Summary Case No.1940 of 2015, has been convicted for the
alleged offence punishable under Section 138 of the Negotiable
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Instruments Act and has been sentenced to suffer rigorous imprisonment
for three months with fine of Rs.5,10,000/-, in default of payment of fine,
to suffer simple imprisonment for three months. Out of the said fine
amount of Rs.5,10,000/-, Rs.5,00,000/- was directed to given to the
complainant as compensation. The said Judgment and Order of conviction
and sentence was confirmed by the learned Additional Sessions Judge,
Pune, in Criminal Appeal No.115 of 2017, vide Judgment and Order dated
22nd March 2022.
3. Learned Counsel for the applicant, on instructions of the
applicant's daughter - Simran Chhatwal, states that the applicant will
deposit the compensation amount of Rs.5,10,000/- (after deducting the
amount, if any, paid by the applicant during the pendency of the appeal),
within eight week from today i.e. Rs.2,30,000/- within four weeks from
today and the balance Rs.2,30,000/- within four weeks thereafter.
Statement accepted. He submits that the applicant will file an affidavit-
cum-undertaking to that effect in this Court, within two weeks of his
release.
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4. In view of the aforesaid, issue notice to the respondents,
returnable on 4th May 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 private notice and file affidavit of service before
the next date.
5. Learned Counsel for the applicant to supply spare copy in the
Registry, if not supplied, within one week from today, to enable the
Registry to issue notice to the respondent No.1.
6. In view of the aforesaid statement made by the learned counsel
for the applicant, on instructions of the applicant's daughter, the applicant's
sentence is suspended and he is granted interim bail, till the next date, 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;
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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 sureties in the like
amount.
7. Stand over to 4th May 2022.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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