Haroon Janmohammad Betrywala vs Tabrez Abdullah Shaikh And Anr.
2025 Latest Caselaw 3819 Bom

Bombay High Court

Haroon Janmohammad Betrywala vs Tabrez Abdullah Shaikh And Anr. on 22 August, 2025

Author: S. M. Modak

Bench: S. M. Modak

                                                                                                  55(i)-WP-4477-2025.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL WRIT PETITION NO.4477 OF 2025

           Digitally signed
                              Haroon Janmohammad Betrywala                                          ...Petitioner
           by SATISH
           RAMCHANDRA
SATISH     SANGAR
RAMCHANDRA
SANGAR     Date:
           2025.08.22
                                       V/s.
           19:39:51
           +0530
                              Tabrez Abdullah Shaikh and Anr.                                       ...Respondents

                                                                          *****

                              Mr.Chaitanya Malgaonkar:-                         Advocate for Petitioner.
                              Ms.Gauri S. Rao:-                                 APP for Respondent No.2-State.

                                                                        *****
                                                                   CORAM :           S. M. MODAK, J.
                                                                   DATE     :        22nd AUGUST 2025
                              P. C. :-

                              1.       Mentioned out of turn.

                              2.       Heard learned Advocate for the Petitioner / convicted Accused.

                              He is convicted by the Court of Metropolitan Magistrate, 23 rd

                              Esplanade, Mumbai as per the judgment dated 22 nd December 2021.

                              The sentence is as follows:-

                              (a)      Simple imprisonment for one year and pay compensation of
                                       Rs.5,00,000/- (Rupees Five Lakh) along with other details.

                              3.       When he filed an Appeal, the sentence was suspended by the

                              Court of Additional Sessions Judge - Greater Bombay as per the order



                              Satish Sangar                                                                                1/2

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                                                               55(i)-WP-4477-2025.doc


dated 18th February 2022. It was suspended subject to condition to

deposit 20% of the compensation amount. It comes around

Rs.1,00,000/- (Rupees One Lakh).

4.         The Respondent No.1 is served. Today, he is present in the

Court. He has not appointed any Advocate. As the amount is not

deposited, the Petitioner is sent to Jail. Now, he has raised the amount

of Rs.1,00,000/- (Rupees One Lakh). In view of that, following order is

passed:-

                                       ORDER

(i) On deposit of Rs.1,00,000/- (Rupees One Lakh) before the trial Court i.e. the Court of Judicial Magistrate First Class, 23rd Court, Esplanade, Mumbai, the Petitioner be released from Jail.

(ii) He be released only on deposit of the amount.

(iii) He be released from Jail on furnishing Personal Bond and Surety Bond of Rs.10,000/- (Rupees Ten Thousand).

(iv) He is permitted to furnish a cash surety of Rs.10,000/-

(Rupees Ten Thousand).

(v) He is granted 7 days' time to furnish cash bail.

5. Stand over to 6th October 2025. To be listed for "Compliance".

[S. M. MODAK, J.]