Bombay High CourtAPPR/234/2016others disposed off

Sindhubai Namdeo Shinde v. State Of Maharashtra 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 APPLICTION NO.234 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 261 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.H.M. Inamdar for the Applicant.

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

CORAM : A.S.GADKARI, J.

DATE :

3rd May, 2016 P.C.

This is an application for suspension of sentence and for releasing the applicant on bail. The applicant has also prayed for stay of the warrant of arrest issued by the Trial Court. 2) The applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for two months and to pay compensation of Rs.30,000/- to the complainant, by the learned Judicial Magistrate First Class, Sinnar in Summary Case No.446/2006 by its Judgment and Order dated 9.1.2008. The Criminal Appeal No.138/2008 preferred by the applicant has been

Nalawade A.S.

2 /2 dismissed by the learned Additional Sessions Judge, Nashik by its Judgment and Order dated 18.2.2016. The learned counsel for the applicant submitted that after the dismissal of the appeal, as per his instructions, the Trial Court has issued non bailable warrant. 3) The substantive sentence imposed upon the applicant is two months of simple imprisonment. The substantive sentence imposed upon the applicant is hereby suspended during the hearing and final disposal of the present revision application subject to the condition that applicant shall deposit an amount of Rs.30,000/- in the registry of this Court within a period of two 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.10,000/- with one or two local sureties in the like amount. 5) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)