M/S. Linkworld Technologies And ANR v. Inspira Enterprises India Pvt. Ltd. And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 540 OF 2016 IN CRIMINAL REVISION APPLICATION (ST) NO.534 OF 2016 M/s Linkworld Technologies & Anr.

...Applicants vs Inspira Enterprises India Pvt. Ltd. & Anr.

...Respondents

.....

Mr Omkar Mulekar i/b Niranjan Mundargi for the Applicants. Mr S.V.Gavand APP for the State .....

CORAM : P.N.DESHMUKH, J.

03 OCTOBER, 2016 P.C. :

Issue notice to the Respondents. Learned APP accepts notice on behalf of Respondent No.2 - State of Maharashtra. Notice to Respondent No.1 is made returnable on 15 November, 2016.

This is an application for suspension of sentence and for grant of bail. Heard learned advocate for the applicant and learned APP. The applicant is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, and sentenced to suffer Rigorous Imprisonment for six months and to pay fine of Rs.10,000/- in default to suffer further S.I. for Pg 1 of 3

one month. The applicant is ordered to pay Rs.9,30,000/- as a compensation i/d to undergo R.I. for six months. Learned advocate for the applicant made a statement that after appeal came to be dismissed by the learned Sessions Judge, non-bailable warrant is issued against the applicant and prays that the same be stayed and pending present revision application, the applicant be released on bail as he is willing to pay the entire cheque amount which comes to Rs.7,14,480/-. Considering the sentence imposed upon the applicant as aforesaid and as applicant is willing to deposit amount which is equivalent to the amount of cheque involved in the proceedings out of which amount of Rs.2 Lacs is already stated to be deposed by the applicant, pending the proceedings before the learned Sessions Court, following order is passed.

ORDER

(i) The applicant shall be released on bail on his executing P.R. in the sum of Rs.20,000/- with one surety in the like amount, on applicant depositing an amount of Rs.7,14,480/- within a period of one week from today; (ii) While on bail applicant No.2 shall mark his presence with Kandivali Police Station once in six months on the first day of each such month, pending appeal; Pg 2 of 3

(iii) The applicant shall furnish proof of his residential address with Kandivali Police Station and shall update the same if changed in future.

The application is disposed of accordingly.

The parties to act on the authenticated copy of the order.

( P.N.DESHMUKH J. ) Pg 3 of 3