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Bombay High CourtAPPR/315/2016others disposed off

Bajirao Anandrao Parit v. Palus Co-Op. Bank Ltd., And ANR

2016-07-04Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2 5-APPR-315-2016.doc shivgan FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.315 of 2016 IN CRIMINAL REVISION APPLICATION NO.330 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. Umesh W. i/by R.S.Sonar, Advocates for the Applicant. Mr. Pise with Mr. Rajure, Advocates for R.No.1. Mr. A.S.Shitole, APP for the State.

CORAM : A.S.GADKARI, J.

DATE : 4th July, 2016 P.C.

1) This is an application for suspension of sentence and for releasing the applicant on bail. The applicant is convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer S.I. for three months and to pay compensation of Rs.1,05,000/- within a period of 30 days from the date of passing of the order by the learned 5th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Kolhapur in the Summary Criminal Case No.3079 of 2009 by its judgment and order dated 9.9.2010. The criminal appeal no.241 of 2010 preferred by the applicant is dismissed by the learned Additional Sessions Judge , Kolhapur. The substantive sentence imposed on the applicant is simple imprisonment of three months. The said sentence is suspended subject to

2 /2 5-APPR-315-2016.doc the condition that the the applicant shall deposit the amount as mentioned in the order dated 10.6.2016 passed by this Court within the said stipulated period.

2) If the applicant fails to deposit the said amount mentioned in the order dated 10.6.2016 passed by this Court within the stipulated period, suspension of substantive sentence shall stand vacated. 3) The applicant be released on bail on his furnishing P.R. bond of Rs.10,000/- with one or two local sureties in the like amount. 4) The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)