M/S. Teamwork Industries Ltd. And ORS. v. The State Of Maharashtra And ANR.

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.538 OF 2018 WITH CRIMINAL APPLICATION NO.539 OF 2018 IN CRIMINAL REVISION APPLICATION NO.564 OF 2018 WITH CRIMINAL REVISION APPLICATION NO.564 OF 2018 M/s.Teamwork Industries Ltd. & ors.

... Applicants Vs.

The State of Maharashtra & anr.

... Respondents Ms.Rekha V. Singala for the Applicants Ms.Veera Shinde, APP, for the Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: OCTOBER 22, 2018 P.C.:

1.

The applicant No.1 is a company and applicant Nos.2 and 3 are the Directors of the applicant No.1 company. They are convicted for the offences under sections 420 r/w 120B of the Indian Penal Code by judgment and order dated 30.12.2014 passed in CC No.1111/PW/2010 by the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai.

Accordingly, the accused No.1 is sentenced under section 420 to pay fine of Rs.25,000/- and accused Nos.2 and 3 are sentenced to suffer R.I. for 6 months and payment of fine of Rs.50,000/-. The accused are also convicted under section 471 r/w section 120B of the Indian Penal Code and accordingly, accused No.1 is sentenced to pay fine of Rs.25,000/- and accused Nos.2 and 3 are sentenced to suffer R.I. for 3 months. Hence, this revision application and the applications for bail and suspension of the impugned conviction and sentence.

2.

The learned Counsel for the applicants/accused submits that the fine amount of Rs.3 lakhs is already deposited by the applicants/accused. She submits that the applicants/accused have good case on merits. She also submits that the accused Nos.2 and 3 were on bail throughout the trial and hence, the impugned conviction and sentence be suspended and the accused Nos.2 and 3 be granted bail.

3.

Learned Prosecutor submits to the orders of the Court. 4.

In view of the submissions so also the nature of charge in this case, the impugned conviction and sentence dated 30.12.2014

passed in C.C. No.1111/PW/2010 by the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai, is suspended pending revision and the applicants/accused Nos.2 and 3 are granted bail on the following terms: i) The applicant Nos.2 and 3 (Directors of the applicant No.1 Company) be released on bail upon furnishing bail bond in the sum of Rs.20,000/- each alongwith one or two sureties in the like amount;

ii) The accused shall not leave India without prior permission of the Court;

iii) The accused shall make themselves available at the time of hearing of this Revision.

5.

List the Revision application as per CMIS.

6.

Criminal applications are disposed of accordingly. (MRIDULA BHATKAR, J.)