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Bombay High CourtIA/164/2023disposed off

Madhavi Ravindra Sanas v. Umesh Chandrakant Pednekar And ANR

2023-01-13Hon'Ble Shri Justice R. G. Avachat3 pages

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2023.01.13 14:52:13 +0530 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.21 OF 2023 ALONG WITH INTERIM APPLICATION NO.164 OF 2023 (FOR SUSPENSION OF SENTENCE) IN CRIMINAL REVISION APPLICATION NO.21 OF 2023 ALONG WITH INTERIM APPLICATION NO.163 OF 2023 (FOR BAIL) IN CRIMINAL REVISION APPLICATION NO.21 OF 2023 Madhavi Ravindra Sanas ..

Applicant v/s.

Umesh Chandrakant Pednekar & Anr.

..

Respondents ....

Mr. Mukesh Y. Dongare, for the Applicant.

Mr. Arfan Sait, APP, for State.

....

CORAM: R.G. AVACHAT, J.

DATE : 13 JANUARY 2023.

P.C:- Not on board. Mentioned. Taken on board.

2.

Heard.

3.

The Applicant is a lady. She has been convicted for offence

2/3 under Section 138 of the N.I. Act and, therefore, sentenced to suffer imprisonment for one year. She has been arrested two days before. The fine amount of Rs.25,000/- is reported to have been deposited with the trial court. She has also been directed to pay compensation amounting to Rs.55 lakhs.

4.

Learned Advocate for the Applicant makes a statement that a sum of Rs. 5 lakhs would be deposited within one week. Rs.20 lakhs within four weeks and remaining amount of Rs.25 lakhs within 8 weeks from the date of this order.

5.

In view of the aforesaid statement, the Applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand only) accepting Rs.15,000/- cash bail.

6.

If half of the amount, as has been submitted above, is not deposited within the time-frame, the order granting Applicant bail may stand cancelled without reference to this Court. 7.

The amount to be deposited in the trial court. List the matter on 25 January 2023. The Applicant to place on record a receipt regarding deposit of Rs.5 lakhs on that date. Bail before the appellate court. The Applicant shall not leave India without permission of this Court.

3/3 8.

The execution of substantive sentence of imprisonment of the Applicant to stand suspended, pending this revision application on condition of deposit of sum of Rs.5 lakhs within a period of one week in the trail court.

9.

Application for suspension of sentence (Interim Application No.164 of 2023) and application for bail ((Interim Application No.163 of 2023) stand disposed of. 10.

Issue notice to the Respondents in revision application (Criminal Revision Application No.21 of 2023) returnable on 25 January 2023. Call R & P.

(R.G. AVACHAT, J.)