Bhikam Bajrang Singh Thakur vs Kamal Kishore S/O Fulchand Baheti
2023 Latest Caselaw 3444 Bom

                                                       1                           10.revn.78.2023

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.

            CRIMINAL REVISION APPLICATION NO. 78 OF 2023
                       Bhikam Bajransingh Thakur
                                   .VS.
                     Kamlakishor S/o. Fulchand Baheti
 _______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
                         Mr A. J. Mirza, Advocate for the applicant

                               CORAM : G.A. SANAP, J.

DATE : 06/04/2023.

Heard learned advocate for the applicant.

2. Issue notice to the non-applicants.

3. In-charge of the concerned police station shall ensure service of notice to non-applicant within three weeks.

4. Stand over after three weeks.

Criminal Application (APPR) No. 109 of 2023.

5. Heard learned advocate for the applicant.

6. Issue notice to the non-applicants.

7. In-charge of the concerned police station shall ensure service of notice to non-applicant within three weeks.

8. In this revision, challenge is to the order dated 31.01.2023, passed by the learned Sessions Judge, Akola in

2 10.revn.78.2023

Criminal Appeal No. 30 of 2018, whereby the learned Sessions Judge dismissed the appeal filed by the applicant and confirmed the conviction and sentence imposed on the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the learned Judicial Magistrate, First Class, Akola. Learned Magistrate had sentenced the applicant to suffer rigorous imprisonment for two months and to pay compensation of Rs.60,000/-, in default to undergo further simple imprisonment for two months for the aforesaid offence.

9. Learned Advocate submits that the applicant has deposited Rs.30,000/- out of total compensation of Rs.60,000/- in the Appellate Court. Learned Advocate submits that the applicant is not well and therefore, if he is arrested and sent to jail, he would suffer irreparable loss. Learned advocate, therefore, prays for suspension of the substantive sentence.

10. In the facts and circumstances, till the next date, the substantive sentence can be suspended subject to appropriate conditions.

11. In view of above, till the next date, the substantive sentence awarded by learned Judicial Magistrate, First Class, Akola, vide judgment and order dated 02.02.2018 in Summary Criminal Case No. 723/2013, shall remain suspended, subject to the applicant depositing Rs.10,000/- within one month from today in the trial Court.

12. Applicant - Bhikam Bajrangsingh Thakur be released on

3 10.revn.78.2023

bail on his furnishing PR bond in the sum of Rs.15,000/- with one surety of the like amount.

13. Bail be furnished before the trial Court and to the satisfaction of the trial Court.

14. Stand over after three weeks.

(G. A. SANAP, J.) Namrata