Satish Sunder Kotian vs State Of Maharashtra And Anr
2023 Latest Caselaw 7036 Bom

   Gokhale                                    1 of 3                        19-revn-st-12550-23


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

       CRIMINAL REVISION APPLICATION (ST) NO.12550 OF 2023

 Satish Sunder Kotian                                                    ..Applicant.
       Versus
 State of Maharashtra & Anr.                                             ..Respondents

                              WITH
              INTERIM APPLICATION NO. 2520 OF 2023
                               IN
       CRIMINAL REVISION APPLICATION (ST) NO.12550 OF 2023
                              WITH
           INTERIM APPLICATION (ST) NO. 12556 OF 2023
                               IN
       CRIMINAL REVISION APPLICATION (ST) NO.12550 OF 2023

                              __________
 Ms. Archana Singh for Applicant.
 Mr. Arfan Sait, APP for State/Respondent No.2.
                              __________

                                     CORAM : SARANG V. KOTWAL, J.
                                     DATE : 14 JULY 2023
 PC :

 1.            The Applicant was convicted and sentenced by the

 learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai, vide

 his     Judgment              and    order     dated   01/01/2018             passed        in

 C.C.No.1013/SS/2016.                  The       Applicant     was       convicted         for

 commission of offence punishable U/s.138 of the Negotiable

 Instruments Act, 1881 and was sentenced to suffer S.I. for one




::: Uploaded on - 14/07/2023                            ::: Downloaded on - 15/07/2023 14:22:30 :::
                                   2 of 3                       19-revn-st-12550-23


 month. He was directed to pay compensation of Rs.1 lakh, which

 was the cheque amount, with simple interest @ 6%p.a. from the

 date of issuance of cheque i.e. 03/06/2013, till the date of the

 Trial Court's order and in default to suffer S.I. for two months.


 2.            The Applicant challenged that order by way of Criminal

 Appeal No.499 of 2018 before the Court of Sessions at Greater

 Mumbai. Learned Additional Sessions Judge, Greater Mumbai

 dismissed the Appeal vide his Judgment and order dated

 22/02/2023.


 3.            After dismissal of the Applicant's Appeal, steps were

 taken to secure his custody. He was arrested on 27/06/2023 and

 as of today he is in custody.


 4.            Learned counsel for the Applicant submits and states

 that the amount of compensation as per the Trial Court's order is

 to the tune of Rs.1,60,000/- till the date of Trial Court's order. Out

 of that amount, the Applicant has already deposited Rs.50000/- in

 the Trial Court during pendency of the Appeal. She further states

 on instructions, that the Applicant is ready and willing to deposit




::: Uploaded on - 14/07/2023               ::: Downloaded on - 15/07/2023 14:22:30 :::
                                         3 of 3                            19-revn-st-12550-23


 Rs.1,10,000/- before the Trial Court within four weeks after the

 release of the Applicant on bail. The statement is recorded. In view

 of the statement, it is necessary to hear the other side. In the

 meantime, by way of interim relief, the applicant can be directed

 to be released on interim bail.


 5.            Hence, the following order:


                                                 ORDER

i) Issue Notice to the Respondents, returnable on 14/09/2023.

ii) The Applicant is directed to be released on interim bail on his executing P. R. bond in the sum of Rs.25000/- with one or two sureties in the like amount.

iii) This order shall operate till 14/09/2023.

iv) The Applicant is permitted to deposit Rs.1,10,000/- before the Trial Court within four weeks from his actual release on bail.

v) Stand over to 14/09/2023.

(SARANG V. KOTWAL, J.)