Bombay High CourtAPPR/223/2016

Dilip Chaganlal Solanki v. Krishna Babu Chavan And ANR

2016-05-03Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.223 OF 2016 WITH CRIMINAL APPLICATION NO.222 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 252 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Mr. M.A. Adenwala for the Applicant.

Mr. Deepak Thakare, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

3rd May, 2016 P.C.

The afore stated two applications are 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 simple imprisonment for six months and to pay a fine of Rs.6,75,000/- , in default of payment of fine to suffer further simple imprisonment for one month by the Metropolitan Magistrate, 63rd Court, Andheri, Mumbai in CC No.4292/SS/2010 by its Judgment and Order dated 17.04.2013. The Criminal Appeal No.282/2013 preferred by the applicant has been

Nalawade A.S.

2 /2 dismissed by the learned Additional Sessions Judge, Greater Mumbai by its Judgment and Order dated 10.3.2016.

3) The substantive sentence imposed upon the applicant is simple imprisonment of six months. The learned counsel for the applicant submitted that during the pendency of the appeal his client has already deposited an amount Rs.75,000/- in the registry of the Appellate Court. The substantive sentence is hereby suspended subject to the condition that applicant shall deposit an additional amount of Rs.5.00 lacs in the registry of the Appellate Court within a period of four weeks from today. If the applicant fails to comply with the aforesaid condition, the suspension of sentence shall stand vacated without further reference to this 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) Applications are allowed in the aforesaid terms. (A.S. GADKARI, J.)