Rajesh Vinayak Ghaisas v. Datta Patil Urban Co. Op. Credit Society Ltd. And ANR
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.465 OF 2016 (For bail and suspension of sentence) IN REVISION APPLICATION NO.467 OF 2016 Rajesh Vinayak Ghaisas .Applicant Vs.
Datta Patil Urban Coop. Credit .Respondents Society Ltd. & anr.
Mr.Rohit Pande, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent No.2 - State CORAM :
REVATI MOHITE DERE, J.
DATE : 12.08.2016 P.C.
.
Heard learned counsel for the Applicant.
2.
The Applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and has been sentenced to suffer S.I. for six months. The Applicant has also been directed to deposit an
amount of Rs.1,10,000/ by way of compensation, in default, to undergo S.I. for three months vide Judgment and Order dated 30.07.2012 passed by the learned JMFC, Raigad, Alibaug in S.C.C.No.1 of 2012. The said Judgment and Order has been confirmed by the Appellate Court vide Judgment and Order dated 06.08.2016 passed by the learned Additional Sessions Judge, Raigad, Alibaug in Cri.Appeal No.154 of 2012.
3.
Learned counsel for the Applicant states that out of the compensation amount of Rs.1,10,000/, the Applicant has already deposited a sum of Rs.30,000/ in the Appellate Court. He submits on instructions that the Applicant is ready to deposit the balance amount of Rs.80,000/ in this Court within two weeks from today without prejudice to his rights & contentions.
4.
In view of the aforesaid submission, the Application is allowed. The Applicant's sentence is suspended and the Applicant is enlarged on bail on the following terms and 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;
5.
Accordingly, the Application is disposed of.
Parties to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)