Baburao Vishwanath Bagade v. The Suvarn Nagari Sahakari Patsanstha Ltd. And ANR

1 /2 8-APPR-373-2016.doc shivgan FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.373 OF 2016 IN CRIMINAL REVISION APPLICATION No.384 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. R.D.Suryawanshi, Advocate for the Applicant. 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 3 months and to pay fine of Rs.3,00,000/- in default of payment of fine to suffer S.I. for two months, by the learned 6th J.M.F.C.Nashik in S.C.C.NO.4128/2010 by its judgment and order dated 2.5.2013. The criminal appeal no.70 of 2013 preferred by the applicant is dismissed by the learned Sessions Judge, Nashik by its judgment and order dated 4.6.2016.

2) The learned counsel appearing for the applicant submitted that during the pendency of the appeal, his client had already deposited a sum of Rs.2.50 Lakhs with the respondent no.1 and the

2 /2 8-APPR-373-2016.doc respondent no.1 has issued receipts in that behalf. He submitted that the said receipts are annexed at pages 60 and 61 of this application. In view of the fact that the applicant has already deposited a sum of Rs.2.50 Lakhs out of the fine amount of Rs.3 Lakhs with the respondent no.1 and that the substantive sentence imposed upon the applicant is of three months, the substantive sentence imposed upon the applicant is hereby suspended during the pendency of the present revision application. Applicant be released on bail on his furnishing PR Bond of Rs.20,000/- with one or two local sureties in the like amount. Application is allowed in the above terms.

(A.S. GADKARI, J.)