Shaikh Mujeeb Shaikh Karim v. State Of Maharashtra And ANR

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.446 OF 2016 IN CRIMINAL REVISION APPLICATION NO.440 OF 2016 Shaikh Mujeeb Shaikh Karim ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr.M.N.Sandhyanshiv, for the Applicant Mr.A.S.Shitole, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 1st AUGUST, 2016 P.C. :

Not on board. Taken on board.

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

The applicant has been convicted by the learned Judicial Magistrate First Class, Court No.4, Malegaon, Nashik, vide Judgment and Order dated 18th October, 2013, in Sum.Cri.Case No.902 of 2012, for the offence punishable under Section 138 of the Negotiable Instruments Act and has been sentenced to suffer SI for 3 months, and to pay a compensation of Rs.20,000/-, in default of payment of compensation to

2/3 suffer further SI for 1 month. The said order of conviction and sentence has been confirmed by the learned Ad-hoc District Judge - 1, Malegaon, Nashik, in Appeal, being Criminal Appeal No.32 of 2013, vide Judgment and Order dated 27th July, 2016.

3.

Learned Counsel for the applicant states that during the pendency of this application, the applicant was arrested and is presently lodged in jail. He submitted that the applicant, is ready to deposit the amount of Rs.20,000/- in the Registry of this Court, within 2 weeks of his release. The said statement is accepted.

4.

In view of the aforesaid statement made by the learned counsel for the applicant, the applicant's sentence is suspended and the applicant is enlarged on bail on the following terms and conditions :

ORDER

(i) The Applicant be released on cash bail in the sum of Rs.10,000/- for a period of four weeks;

(ii) The Applicant shall thereafter furnish P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount, within a

3/3 period of four weeks of his release on cash bail. 5.

Accordingly, the applicant shall deposit a sum of Rs.20,000/- in the Registry of this Court, within 2 weeks of his release. 6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.