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Bombay High CourtAPPR/566/2017others disposed off

Sushila Subhash Sabale v. The State Of Maharashtra And ANR

2018-01-05Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 appr-566-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.566 OF 2017 IN CRI.REVISION APPLICATION NO.575 OF 2017 Sushila Subhash Sabale .. Applicant Vs.

State of Maharashtra & Ors.

.. Respondents ......

Mr.Amay Deshpande, Advocate for the Applicant. Mr.Rajan Salvi, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 5, 2018.

P.C. :

Leave to amend prayer clause.

This is an application for suspension of sentence imposed by the Court of J.M.F.C., Nashik in Summary Criminal Case No.3176 of 2013. The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments, Act, 1881 and sentenced to suffer simple imprisonment for six months. The applicant is ordered to pay fine of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand only). In default to suffer simple imprisonment for three months.

rpa 2/2 appr-566-17.doc Learned counsel for the applicant submits that the applicant is a lady and she has been taken into custody after dismissal of the Appeal on 2nd January, 2018. It is submitted that the applicant has deposited an amount of Rs.1,00,000/- (Rupees One Lakh only) during the pendency of the Appeal. Learned counsel for the applicant on instructions, however, submits that the applicant would deposit an amount of Rs.2,00,000/- (Rupees Two Lakh only) within a period of four weeks. Considering the aforesaid circumstances, the applicant can be granted bail. Pending the Revision Application, the sentence imposed by the trial Court vide judgment and order dated 7th October,2015, passed in Summary Case No.3176 of 2013, is suspended and the applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- (Rupees Twenty Thousand only) with one or more sureties in the like amount. Bail Application is disposed of accordingly.

(PRAKASH D. NAIK, J.)