Rajkumar Bajaj v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 315 OF 2017 WITH CRIMINAL APPLICATION NO. 316 OF 2017 IN CRIMINAL REVISION APPLICATION NO.341 OF 2017 Mr. Rajkumar Bajaj ... Applicant Vs.

The State of Maharashtra & Anr.

... Respondents ...

Mr. Sathyanarayan for the applicant.

Mrs. M.R. Tidke, APP for the State.

...

CORAM : PRAKASH D. NAIK, J.

DATE : 14th JUNE, 2018 P.C.

1.

These applications are seeking suspension of sentence and grant of bail. The applicant is convicted by the Court of Leanred Metropolitan Magistrate's 14th Court, Girgaum vide Judgment and Order dated 2nd November, 2015. The applicant was sentenced to suffer simple imprisonment of six months and to pay a fine of Rs.5,00,000/-. The appeal preferred by the applicant has been rejected by Sessions Court vide Judgment and Order dated 29th March, 2017.

2.

Learned advocate for the applicant on instructions submits that in pursuant to the warrant of conviction, the applicant has been arrested on 12th June, 2018. It is further on instructions submitted that the applicant shall deposit the amount of fine of Rs.5,00,000/- within a period of three weeks from the date of release. The statement is accepted as undertaking to this Court.

3.

In this circumstances, these applications can be allowed. Hence, I pass the following order.

ORDER

(i) The sentence of imprisonment awarded by the Court of Metropolitan Magistrate, 14th Court, Girgaon, Mumbai vide Judgment and Order dated 2nd November, 2015 in Criminal Case No. 1402245/SS/2011, which is confirmed by the Sessions Court in Criminal Appeal No. 1022 of 2015 vide Judgment and Order dated 29th March, 2017, is suspended and the applicant is directed to be released on bail by executing PR Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one or more sureties in the like amount;

(ii) The applicant is directed to deposit the amount of Rs.5,00,000/- towards a fine imposed by the trial Court before the

trial Court within a period of three weeks from the date of his release;

(iii) The applicant is directed to furnish cash security in the sum of Rs.15,000/- (Rs. Fifteen Thousand) in lieu of the surety for a period of four weeks from today.

(iv) Criminal Applications stands disposed of.

( PRAKASH D. NAIK, J. )