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Bombay High CourtAPPLN/797/2024application allowed

Nirmal Vijay Jain v. The State Of Maharashtra And Another

2024-02-20Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2024:BHC-AUG:3690 797.2024APPLN+ -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO. 797 OF 2024 IN REVN/53/2024 NIRMAL VIJAY JAIN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Dixit S.V.

APP for Respondent/State : Mr. Satish A. Gaikwad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 20th FEBRUARY, 2024.

PER COURT :- The applicant is sentenced to undergo simple imprisonment for one year and five months along with fine amount of Rs.19,50,000/- in default to undergo simple imprisonment for 12 months in S.C.C. No.2018 of 2016 by the learned Judicial Magistrate, First Class, Beed vide judgment and order dated 10th August, 2022. Thereafter, the appellate Court partly allowed Criminal Appeal No.78 of 2022 vide judgment and order dated 13th February, 2024 and sentenced the applicant to undergo nine months simple imprisonment and remaining order of trial Court regarding imposition of fine amount of Rs.19,50,000/- and default sentence are confirmed. 2.

Heard learned advocate for the applicant. He pointed out the final order of the trial Court and the first appellate Court. He

797.2024APPLN+ -2submitted that an amount of Rs.2,92,000/- was deposited as per the directions of the appellate Court. He further submitted that the applicant is ready to deposit certain amount, if directed by this Court. 3.

Perused the judgment. Considering the facts and circumstances of the case, it would be proper to direct the applicant to deposit an amount of Rs.5,00,000/- within one week in this Court. Subject to depositing that amount, the applicant be released on bail on execution of P.R. bond of Rs.50,000/- with one surety in the like amount. Subject to depositing that amount, the execution of the said judgment and order is stayed in terms of prayer clause "B". The application is disposed of.

(SANJAY A. DESHMUKH, J.) sga