Guruprasad Shrinivas Bhatt v. Rohit Dubey And ANR

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.221 OF 2016 WITH CRIMINAL APPLICATION NO.220 OF 2016 IN CRIMINAL REVISION APPLICTION NO. 165 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Smt.Sudha Dwivedi for the Applicant.

Mrs. R.V.Newton, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 26th April,2016.

P.C.

The afore stated applications are filed for suspension of sentence and for releasing the applicant on bail respectively. 2) The applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.5.00 lacs, in default of payment of fine to suffer further simple imprisonment for two months by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai in CC No.480/SS/2007 by Judgment and Order dated 14.7.2010. The Criminal Appeal No.367/2010 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Greater Mumbai by its Judgment and Order dated 15.10.2015.

3) The learned counsel for the applicant submitted that the applicant has already deposited an amount of Rs.1.00 lacs during the

Nalawade A.S.

2 /2 pendency of the appeal. The substantive sentence imposed upon the applicant is of six months of rigorous imprisonment. The substantive sentence imposed upon the applicant is hereby suspended during the hearing and final disposal of the present revision application subject to condition that applicant shall deposit an additional amount of Rs.2.00 lacs in the registry of the Appellate Court within a period of four weeks from today. If the applicant fails to comply with the afore stated condition, the suspension of sentence shall stand vacated without further reference to the court.

4) The applicant be released on bail on his furnishing PR bond of Rs.15,000/- with one or two local sureties in the like amount. 5) Both the applications are allowed in the aforesaid terms. (A.S. GADKARI, J.)