Abbasali Ibrahim Jamadar v. Mohammad Husen Ahmad Jamadar And ANR

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINL APPLICATION NO.478 OF 2017 (For bail and suspension of sentence) IN CRI. REVISION APPLICATION NO.489 OF 2017 Abbasali Ibrahim Jamadar .Applicant Vs.

Mohammad Husen Ahmad Jamadar & anr.

.Respondents Mr. V. Kolekar, Advocate, for the Applicant Mr. S. S. Pednekar, APP, for the Respondent No.2 - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

25.09.2017 P.C.

.

Mentioned. Not on board. Taken on board.

2.

Heard learned counsel for the parties.

3.

By this Application, the Applicant seeks suspension of his sentence & enlargement on bail, pending the hearing and final disposal of the aforesaid Revision Application.

4.

The Applicant has been convicted & sentenced vide

Judgment and Order dated 16.04.2016, passed by the learned Judicial Magistrate F. C., Sangli, as under :- - For the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, to suffer R.I. for three months and to pay compensation of Rs.1,10,000 to the Complainant, in default to suffer S.I. for further period of one month;

5.

The said conviction and sentence was confirmed in Appeal, being Cri. Appeal No.100 of 2016 passed by the learned Additional Sessions Judge, Sangli.

6.

Learned counsel for the Applicant submits that out of the compensation amount of Rs.1,10,000/-, the Applicant has deposited a sum of Rs.25,000/- in the Appellate Court and is ready to deposit the balance sum of Rs.85,000/- within two weeks from today. Statement accepted.

7.

In view of the aforesaid, the Applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his Revision Application, on the following terms & conditions:-

O R D E R (i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/- with one or two sureties in the like amount; (ii) The Applicant shall deposit the balance sum of Rs.85,000/- in the Registry of this Court within two weeks from today. 8.

Accordingly, the Application is disposed of on the aforesaid terms.

Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)