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Bombay High CourtAPPR/392/2016

Savita Sunil Patil v. Vivekanand Chandrashekhar Hiremath (Since Deceased) Through His Legal Heirs Hema V.Hiremath And ANR

2016-07-12Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.392 OF 2016 IN REVISION APPLICATION NO.398 OF 2016 Sau. Savita Sunil Patil .Applicant Vs.

Vivekanand Chandrashekhar .Respondents Hiremath (Since deceased through Lrs.) (1A)Hema Vivekand Hiremath (1B)Amit Vivekand Hiremath (1C)Aishwarya Ravikiran Swami & anr.

Mr.B.V.Salunkhe i/b. Mr.J.A.Madane, Advocate, for the Applicant Mr.A.S.Shitole, APP, for the Respondent No.2 - State CORAM :

REVATI MOHITE DERE, J.

DATE : 12.07.2016 P.C.

.

Mentioned. Not on board. Taken on board.

2.

Learned counsel for the Applicant seeks leave to amend the cause title. Leave granted. Amendment to be carried out forthwith.

3.

Heard learned counsel for the Applicant.

4.

The Applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act by the learned JMFC, Sangli vide Judgment & Order dated 31.01.2009 and has been sentenced to suffer S.I. for one year and directed to pay a compensation of Rs.1,48,000/-, in default to suffer S.I. for six months. The said Judgment and Order has been confirmed by the Addl. Sessions Judge vide Judgment and Order dated 04.07.2016.

5.

Learned counsel for the Applicant submits that the Applicant is presently in custody. He submits that the Applicant has deposited a sum of Rs.1,12,000/- in the trial Court and is ready to deposit the balance amount of Rs.36,000/- within one week from today, in the Registry of this Court. The said statement

is accepted.

6.

In view of the said statement, the Applicant's sentence is suspended and the Applicant is enlarged on bail on the following terms & conditions:

ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs.10,000/- with one or two sureties in the like amount.

(ii) The Applicant be released on provisional cash bail of Rs.10,000/- for a period of four weeks, within which time, he will comply with Clause(i).

7.

The Application is allowed on the aforesaid terms and is disposed of.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)