Nikhil Uday Singh v. The State Of Maharashtra And ANR

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 75 OF 2019 IN CRIMINAL REVISION APPLICATION (St.) No. 68 OF 2019 Nikhil Uday Singh ...

Applicant vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Kuldeep Patil i/b. Arjun S. Pawar, Advocate for the applicant. Mr. N. Gandhi, Advocate for respondent No. 2. Mr. A.R. Patil, APP for the respondent No. 1/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 13th February, 2019 P.C. :

This Application is moved for bail and suspension of sentence imposed by the judgment and order dated 10th November, 2014 passed by the learned Metropolitan Magistrate, 56th Court, Mazgaon, Mumbai in C.C. No.5600064/SS/2014. 2.

The learned Counsel for the applicant/accused submitted that the trial Court has awarded compensation of Rs.21,20,000/- to be paid by the applicant/accused to the complainant. The parties have settled the matter for an amount of Rs.19,20,000/-, as an amount of Rs.2,00,000/- were already paid by the applicant. The

learned counsel submitted that out of Rs.19,20,000/-, amount of Rs.11,00,000/- are already paid and now the post dated cheque, i.e., 13th April, 2019, of the remaining amount of Rs.8,20,000/- is given to the complainant. He submits that the applicant/accused has a good case on merits. The learned counsel for the applicant submitted that the applicant/accused is in jail since 29th January, 2019.

3.

The learned counsel for the complainant is present. He confirms the facts and payment made.

4.

Learned Prosecutor is present and submits to the orders of the Court.

5.

In view of the submissions of the learned Counsel, the Criminal Application is allowed on the following terms: i) The applicant/accused shall be released on bail upon furnishing a P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

ii) The applicant/accused shall make himself available on all the Court dates.

iii) The honouring of cheque of Rs.8,20,000/- is a condition for granting bail, which is going to be honoured on 13th April, 2019. If the cheque is dishonoured, then the applicant/accused shall be taken in custody.

iv) The applicant/accused shall not leave India without prior permission of the Court.

6.

Criminal Application stands disposed of accordingly. (MRIDULA BHATKAR, J.)