Bombay High Court
Ahsan Ashhar Siddiqui vs State Of Maharashtra And Anr on 22 January, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
16-WP(ST)-1394-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION(ST) NO. 1394 OF 2024
WITH
INTERIM APPLICATION (ST)NO.1395 OF 2024
Ahsan Ashhar Siddiqui ...Petitioner
Versus
State Of Maharashtra And Anr ...Respondents
Mr. Francis A. Caszo i/by JP Jayswal Advocate for Petitioner.
Mr. Arfan Sait, APP for Respondent-State.
CORAM : PRAKASH D. NAIK, J.
DATE : 22nd JANUARY, 2024
P.C.:-
1. The Petitioner/applicant is convicted for offence punishable under
Section 138 Negotiable Instruments Act vide judgment and order dated 13 th
June 2023 passed by learned Metropolitan Magistrate, 6 th Court, Mazgaon,
Mumbai in C.C. No.0601132/SC/2022. The applicant was sentenced to
suffer simple imprisonment for one year and directed to pay to the
complainant compensation to the tune of Rs.6,30,000/-, and in default to
undergo simple imprisonment for three months.
2. The judgment of conviction passed by trial Court was challenged by
the petitioner/applicant before Sessions Court by preferring Criminal
Appeal No. 492 of 2023. The petitioner/applicant also preferred an
application for suspension of sentence viz. Criminal Misc. Application
16-WP(ST)-1394-2024.doc
No.1520 of 2023 vide order dated 25th August 2023 is stayed till the
disposal of application subject to depositing 25% of interim compensation
amount within 60 days in accordance with Section 148 of the N.I. Act.
Subsequently, vide order dated 25th August 2025, the Court passed
conditional order that, failure to comply directions stipulated in the
previous order, would automatically result in cancellation of bail.
Apparently, the application did not comply order of depositing the
compensation amount and on account of operation of the conditional order,
the applicant has been taken in custody on 23rd December 2023.
3. Learned Advocate for Applicant on instructions submitted that, the
family members of the applicant had arranged to deposit amount of
Rs.1,57,000/- towards compliance of the order passed by the Sessions
Court and the said amount would be deposited in the Sessions Court within
a period of one week from today. It is submitted that, the applicant is in
custody, he may be released on bail by suspending the sentence.
4. Issue notice to Respondent No.2, returnable on 20th February 2024.
5. The applicant is permitted to deposit amount of Rs.1,57,000/- before
the Sessions Court within a period of one week from today.
6. In the meantime, the applicant is directed to be released on bail by
suspending the sentence imposed by the trial Court convicting the
applicant/petitioner on executing PR bond in the sum of Rs.20,000/- with
one or more sureties in the like amount.
16-WP(ST)-1394-2024.doc
7. The applicant/petitioner is permitted to furnish provisional cash bail
security in the sum of Rs.20,000/- for a period of four weeks in lieu of
surety.
8. This interim protection is granted till next date of hearing.
(PRAKASH D. NAIK, J.)
