Bombay High CourtAPPR/510/2016

Parul Pannalal Shah v. Reliance Capital Ltd And ANR

2016-08-31Hon'Ble Shri Justice P.N. Deshmukh2 pages

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907. APPR 509 & 510-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.509 OF 2016 IN CRIMINAL REVISION APPLICATION (ST) NO.506 OF 2016 AND BAIL APPLICATION NO.510 OF 2016 IN CRIMINAL REVISION APPLICATION (ST) NO.506 OF 2016 Parul Pannalal Shah ...

Applicant

Versus

Reliance Capital Ltd And Another ...

Respondents .....

Mr. Jagdish B. Choudhury for the Applicant.

Mr. P.H. Gaikwad, APP for Respondent No.2/State. .....

CORAM : P.N. DESHMUKH, J.

DATE : 31 AUGUST 2016.

P.C. :

These applications are preferred by the accused for suspending the sentence and grant of bail, who is informed to be convicted by the learned Trial Court for the offences punishable under Section 138 of Negotiable Instrument Act, 1881 and is sentenced to suffer simple imprisonment for six months and to pay compensation of Rs.17,904/-. Learned Counsel for the Applicant states that the criminal appeal preferred against the Trial Court judgment and order is dismissed by learned Session Court, and 25% amount of compensation, which comes to Rs.4,476/- is deposited before the Trial Court. Learned Counsel for the

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907. APPR 509 & 510-16.doc Applicant states that the Applicant is willing to deposit the balance amount on or before 2 September 2016, and thus submits that the applications be allowed.

It appears that accused is convicted and having imposed the compensation, as aforesaid, an appeal preferred by the Applicant came to be dismissed and accused came to be arrested. Considering the fact that the Applicant is willing to deposit the balance amount of compensation and has already deposited 25% of compensation of Rs.17,904/-, the applications are liable to be allowed, by suspending the substantive sentence and by releasing accused on bail, as per order below :- : O R D E R :

i) Applicant be released on bail on his executing P.R. Bond of Rs.15,000/- with one surety in like amount.

ii) Applicant shall produce proof of his residential address before the Vikhorli Police Station and change in the residential address, if any, be informed to the concerned Police Station.

iii)Applicant shall deposit the balance amount of Rs.13,428/- before the Trial Court on or before 2 September 2016.

iv) Both the applications are disposed off as allowed. (P.N. DESHMUKH, J.)