K.S. Ranganath v. The State Of Maharashtra And ANR.

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 121 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 118 OF 2019 K.S. Ranganath ...

Applicant vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Shriniwas Singh, Advocate for the applicant. Mr. A.R. Patil, Addl. P.P. for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 4th March, 2019.

P.C. :

Upon urgent mentioning, taken on production board. 2.

The Criminal Application is moved by the applicant/accused for suspension of the sentence and also for bail pending the Criminal Revision Application. By the judgment and order dated 19th April, 2010 passed by the learned Judicial Magistrate First Class, III Court, Kalyan in SCC No. 993 of 2005, the applicant/accused was convicted for the offences punishable under section 138 of Negotiable Instruments Act and was sentendced to suffer S.I. for six months and also pay compensation of Rs.2,50,000/- to the complainant and i/d. to suffer

further S.I. for 2 months. The said judgment and order was confirmed by the learned Additional Sessions Judge, Kalyan in Criminal Appeal No. 20 of 2010 by the judgment and order dated 2nd January, 2019.

3.

The learned Counsel for the applicant submitted that it is a bailable offence. Further, the applicant/accused was on bail throughout the trial and also during the appeal. Hence, the learned counsel prays that sentence be suspended and bail be granted to the applicant/accused.

4.

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

5.

In view of the submissions of the learned Counsel and also as there is no chance that the Revision Application will be heard in near future, the application is allowed on the following terms: i) The impugned sentence be suspended till the hearing of the Criminal Revision Application;

(ii) 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;

iii) The applicant/accused shall make himself available at the time of hearing of Criminal Revision Application; (iv) The applicant/accused shall not jump the bail 6.

Criminal Application stands disposed of accordingly. 7.

Parties to act upon the authenticated copy of this order. 8.

In Criminal Revision Application, issue notice to respondent no. 2, returnable on 29th April, 2019.

(MRIDULA BHATKAR, J.)