Bombay High CourtAPPR/552/2016others disposed off

Karam Hussain Ajgar Choudhari v. Krishna Traders Through Sole Prop. Anil Laxminarayan Mundada And ORS

2016-10-27Hon'Ble Shri Justice P.N. Deshmukh2 pages

PM-1-APPR-552-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.552 OF 2016 IN CRIMINAL REVISION APPLICATION NO.531 OF 2016 KARAM HUSSAIN AJGAR CHOUDHARI )...APPLICANT V/s.

M/S.KRISHNA TRADERS AND ORS.

)...RESPONDENTS Mr.Satyajeet Dighe, Advocate for the Applicant. Mr.P.H.Gaikwad, APP for the Respondent - State.

CORAM

P. N. DESHMUKH, J.

DATE :

27th OCTOBER 2016 P.C. :

Not on board. On being mentioned, taken on board. Issue notice to respondents. Learned APP waives notice on behalf of respondent - State.

Heard. Learned counsel for applicant prays for grant of suspension of sentence and for bail contending that applicant is sentenced with short imprisonment and out of cheque amount of Rs.40,000/-, he has already deposited Rs.20,000/- with the appellate court and is ready to pay balance amount of 20,000/-. avk 1/2

PM-1-APPR-552-2016.doc Applicant is convicted for the offence punishable under Section 138 of Negotiable Instruments Act and is sentenced to suffer simple imprisonment for 2 months and to pay compensation of Rs.40,000/-. In view of the fact that applicant has deposited Rs.20,000/- with the appellate court, which receipt is on record, application is allowed as per order below :

i) Applicant shall be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- with 1 surety in like amount, subject to his making payment of balance amount of Rs.20,000/- before the appellate court within four weeks from his release on bail. ii) While on bail, applicant shall mark his presence with the local police station at Deolali Gaon, District Nashik, within whose jurisdiction he is residing. iii)Applicant shall submit proof of his residence to the Investigating Officer and update change in address, if any, in future, to the concerned Police station. iv) Parties to act on a copy of order duly authenticated by the Sheristedar of this court.

(P. N. DESHMUKH, J.) avk 2/2