Heena Raees Shaikh vs State Of Maharashtra
2024 Latest Caselaw 3379 Bom

Bombay High Court

Heena Raees Shaikh vs State Of Maharashtra on 5 February, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

                                                                        502-ia-498-2024.doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO.498 OF 2024
                                     WITH
                      INTERIM APPLICATION NO.499 OF 2024
                                     WITH
                      INTERIM APPLICATION NO.500 OF 2024
                                       IN
                    REVISION APPLICATION (st) NO.2950 OF 2024

 Heena Raees Shaikh                                     ...Applicant

           Versus

 The State of Maharashtra & Anr.                        ...Respondents

                                            ....
 Mr. Santosh Musale, Advocate for the Applicant.
 Mr. Arfan Sait, APP for the Respondent - State.

                                            ....

                           CORAM      :        PRAKASH D. NAIK, J.
                           DATE       :            5th FEBRUARY, 2024.


 P.C.:

 1.        The revision applicant is convicted for offence under Section

 138 of the Negotiable Instruments Act and sentenced to undergo

 simple imprisonment of 6 months and to pay compensation of

 Rs.4,50,000/- vide Judgment and order dated 19.09.2019 passed

 by the learned Metropolitan Magistrate, 56th Court, Mazgaon,

 Mumbai. The Judgment of conviction was challenged by the Court



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                                                                       502-ia-498-2024.doc




 of Sessions by preferring Criminal Appeal No.793 of 2019. The

 appeal was dismissed vide order dated 22.11.2022.

 2.        The learned counsel for the applicant submitted that the

 applicant is a lady. The applicant had deposited 20% amount of

 compensation before the Appellate Court. She was arrested on

 01.02.2024. On the same day the applicant has transferred the

 balance amount towards compensation into the account of the

 Complainant's son.            Thus, the entire compensation amount has

 been parted to the complainant.

 3.        The applicant has challenged the Judgment of conviction by

 preferring Criminal Revision Application. There has been delay in

 preferring the revision application.            The applicant has preferred

 application for condonation of delay.

 4.        Considering the fact that the applicant is in custody and she

 has parted an amount to the compensation party, by way of interim

 relief, the sentence of imprisonment can be suspended and the

 applicant can be released on bail.

                                      ORDER

i. Issue notice to Respondent/complainant, returnable on 6th March 2024 in all Interim Applications and Revision Application.

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                                                                      502-ia-498-2024.doc




           ii.       In the meantime the sentence imposed vide Judgment

and order dated 19th September 2019 passed by the learned Metropolitan Magistrate, 56th Court Mazgaon, Mumbai in C.C. No.5605010/SS/2019 which is confirmed by the Sessions Court vide Judgment and order dated 22.11.2022 passed in Criminal Appeal No.793 of 2019 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

iii. The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks in lieu of surety.

iv. This interim protection is granted till the next date of hearing.

                                                    (PRAKASH D. NAIK, J.)




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