Dayashankar Prasad Chaurasiya vs Mohan Baijnath Chaturvedij And ...
2023 Latest Caselaw 6476 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION NO.2440 OF 2023
                               IN
          CRIMINAL REVISION APPLICATION NO.179 OF 2023

Dayashankar Prasad Chaurasiya                             ..... Applicant
            Versus
Mohan Baijnath Chaturvedi
and another                                               .... Respondents
                                -----
Mr. R.R. Mishra, Advocate for the Applicant.
Mr. A.R. Patil, APP for the Respondent-State.
                                -----

                                   CORAM : SARANG V. KOTWAL, J.

                                   DATE      : 07th JULY, 2023

P.C. :

1.                  This is an application for releasing the Applicant on

bail during pendency and final disposal of the Revision

Application.

2.                  The   Applicant    was   convicted     by     the      Judicial

Magistrate, First Class, Court Room No.3, Vasai vide his judgment

and order dated 2.3.2021 passed in Summary Criminal Case

No.618/2009. The Applicant was convicted for commission of the

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881. He was sentenced to suffer SI for seven
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     Deshmane(PS)




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months and to pay compensation of Rs.10 Lakhs and in default to

suffer SI for two months.

3.             The Applicant challenged that order by way of Appeal

i.e. Criminal Appeal No.2/2021 before the Additional Sessions

Judge, Vasai. That Appeal was dismissed on 13.6.2023 and the

Applicant was immediately taken into custody.                Thus, since

13.6.2023, he is in custody.

4.             Heard Shri R.R. Mishra, learned counsel for the

Applicant and Shri A.R. Patil, learned APP for the State.

5.             Learned counsel for the Applicant submitted that

during pendency of the Appeal he has deposited Rs.2 Lakhs in

the trial Court. He has an amount of Rs.1 Lakh ready which he

can deposit immediately and he makes a statement, on

instructions, that he will deposit the balance amount of Rs.7

Lakhs within a period of eight weeks from today. The statement

is accepted.

6.             Considering this statement, the Applicant can be

released on bail by way of interim measure to test his bonafides.

7.             Hence, the following order:

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                                  :: O R D E R ::

i. Issue notice to the Respondents, returnable on

15.9.2023.

ii. The Applicant shall deposit an amount of Rs.1,00,000/-

(Rupees One Lakh Only) in the trial Court within a

period of one week from today.

iii. Till the next date, the Applicant is directed to be

released on bail on his executing a PR bond in the sum

of Rs.25,000/- (Rupees Twenty Five Thousand Only)

with one or two sureties in the like amount.

iv. For a period of four weeks from today, the Applicant is

permitted to deposit Rs.25,000/- as bail amount and

within that period he can furnish the sureties. On his

depositing the cash bail, the Applicant be released on

bail immediately.

v. It is made clear that this order of bail shall operate only

till the next date.

vi. Stand over to 15.9.2023.

(SARANG V. KOTWAL, J.)

Deshmane (PS)

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