Uttam Balu Nikam Presentaly At Aurthur Road Jail v. State Of Maharashtra

P.H. Jayani 502(A) IA645.2023-STM.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 645 OF 2023 IN CRIMINAL REVISION APPLICATION NO.47 OF 2023 Uttam Balu Nikam ... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Chandrashekhar V. Yadav for the Applicant. Ms. Anamika Malhotra, APP for the State.

CORAM: R.G. AVACHAT, J.

DATED : 16th FEBRUARY, 2023.

P. C. :- .

Not on board. Upon mentioning, taken on production board. 2.

The Applicant was convicted for offence punishable under section 138 of Negotiable Instruments Act and sentenced to suffer simple imprisonment for three months and to pay compensation of Rs.1,66,250/-. The Appellate Court has confirmed the order of the conviction and consequential sentence as well. The Applicant is therefore before this Court.

3.

It is informed that a sum of Rs.33,250/- has already been deposited in the Appellate Court. The Applicant is ready to deposit the balance amount in the Appellate Court within a period of one week. In 1/2

P.H. Jayani 502(A) IA645.2023-STM.doc view of the same, substantive sentence of imprisonment of the Applicant to stand suspended till the next date. Once he deposits the balance amount, this order would become absolute pending the revision application. If he fails to comply with this order, the suspension of his substantive sentence to stand vacated automatically. The Applicant be released on cash bail in the sum of Rs.15,000/- for a period of one week. The Applicant shall, within the said period of one week, furnish bail bonds in the sum of Rs.15,000/- and surety bond in the like amount.

4.

Interim Application stands disposed of.

5.

Trial court to act on an authenticated copy of this order. 6.

List the Interim Application on 23/02/2023 for compliance of this order.

PREETI H JAYANI (R.G. AVACHAT, J.) by PREETI H JAYANI Date: 2023.02.18 10:55:01 +0530 2/2