Maifuz Khan vs State Of Maharashtra And Anr
2022 Latest Caselaw 11330 Bom

                                                           32-ia-3606-2022.doc


 VRJ
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

          INTERIM APPLICATION NO.3606 OF 2022
                           IN
      CRIMINAL REVISION APPLICATION NO.401 OF 2022


 Maifuz Khan                                   ... Applicant
            V/s.
 State of Maharashtra & Anr.                   ... Respondents


 Mr. M.R. Chouhan for the applicant.
 Mr. S.S. Pednekar, APP for the respondent No.1/State.

                               CORAM : AMIT BORKAR, J.

                               DATED     : NOVEMBER 9, 2022
 P.C.:

1. The applicant has been convicted for offence under section 138 of the Negotiable Instruments Act, 1881 and is directed to undergo imprisonment of three (3) months along with fine of Rs.4,60,000/-. Amount of Rs.4,50,000/- is directed to be paid to the complainant by way of compensation. The advocate for the applicant, on instructions, states that the applicant is ready to deposit an amount of Rs.3,35,000/- within four (4) weeks from today.

2. Considering the nature of sentence imposed, i.e., of three (3) months, it is unlikely that the revision would be decided within near foreseeable time. The applicant has, therefore, made out a case for suspension of the sentence. Therefore, following order:

32-ia-3606-2022.doc

a) The substantive sentence of imprisonment imposed by the Joint Civil Judicial Magistrate, First Class, Vashi, Navi Mumbai in SCC No.16866 of 2011 by order dated 4th May, 2013 confirmed by judgment and order dated 12th September, 2022 in Criminal Appeal No. 430 of 2013 by Additional Sessions Judge, Thane is suspended.

b) The applicant is directed to be released on bail on furnishing PR Bond of Rs.25,000/- and one or two local sureties in the like amount.

c) If the applicant fails to deposit an amount of Rs.3,35,000/- as agreed within a period of four (4) weeks from today, the order of suspension of sentence and release of applicant on bail shall stand recalled without further reference to the court. The amount shall be deposited in the registry of this Court.

3. All concerned to act on an ordinary copy of this order duly authenticated by the Court Sheristedar of this Court.

(AMIT BORKAR, J.)