Nageshwar Bangali Thakur vs Dileep Baburao Phad And Anr
2022 Latest Caselaw 9171 Bom

                                     Ethape                  1               25-IA-2977-2022.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 2977 OF 2022
                                                      IN
                                 CRIMINAL REVISION APPLICATION NO. 352 OF 2022

                                Nageshwar Bangali Thakur                   ...Applicant
                                     Versus
                                Dileep Baburao Phad And Anr                ...Respondents

                                                                 ....
                                Mr. Pratik B. Rahade, Advocate for the Applicant.
             Digitally signed
             by
             DNYANESHWAR
                                Mr. Arfan Sait, APP for the Respondent - State.
DNYANESHWAR ASHOK ETHAPE
ASHOK ETHAPE
             Date:


                                                                 ....
             2022.09.14
             15:19:36 +0530




                                                      CORAM : PRAKASH D. NAIK, J.
                                                      DATE       : 13th SEPTEMBER, 2022
                                PC :

                                1.     This is an application for suspension of sentence and

                                grant of bail during the pendency of Criminal Revision

                                Application No. 352 OF 2022.



                                2.     Vide order dated 01.01.2018 passed by learned JMFC,

                                9th Court, Nashik in summary Criminal Case No. 81 of 2012,

                                the applicant has been convicted for an ofence punishable

                                under Section 138 of Negotiable Instruments Act and

                                sentenced to sufer imprisonment till rising of the Court and

                                to pay fne of Rs.1,80,000/-. Out of the fne amount, Rs.

                                1,70,000/- was to be given to the complainant towards
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compensation. Judgment of the trial Court was challenged

before the Court of Sessions at Nashik by preferring

Criminal Appeal No. 8 of 2018. The appeal was dismissed

vide judgment and order dated 05.09.2022. The applicant

has been taken in custody on that day.

3.     Learned advocate for the applicant submitted that the

amount of Rs.36,000/- has been deposited on 04.08.2022

before the trial Court. On instructions, it is submitted that

the applicant is willing to deposit the amount of Rs. 64,000/-

within a period of six weeks from the date of release.

4.     Considering the aforesaid circumstances, interim relief

can be granted to the applicant.

                       ORDER

(i) The sentence imposed vide judgment and order dated

01.01.2018 passed by learned JMFC, 9 th Court, Nashik in

Summary Criminal Case No.81 of 2012 and confrmed by

the Court of Sessions at Nashik vide judgment and order

dated 05.09.2022 passed in Criminal Appeal No. 8 of 2018

is suspended and the applicant 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 six weeks.

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(iii)   Stand over to 20.10.2022.

(iv)    This interim protection is granted till the next date of

hearing.

(v)     The applicant shall deposit the amount of Rs. 64,000/-

in this Court on or before before 20.10.2022.

(PRAKASH D. NAIK, J.)