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Bombay High CourtCRMA/41/2017allowed

Sanjay Vithu Barde., v. Rajan Savio Purkhe And ANR.,

2017-02-02Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 41 OF 2017 IN CRIMINAL REVISION APPLICATION NO. 9 OF 2017 SANJAY VITHU BARDE., ... Applicant

Versus

RAJAN SAVIO PURKHE AND ANR., ... Respondents Mr. Samir Taleigaonkar, Advocate for the Applicant. Coram:- C. V. BHADANG, J.

Date:- 2nd February, 2017 P.C:

This is an application for suspension of sentence. The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo simple imprisonment for a period of four months and to pay compensation of Rs.58,000/- and in default to suffer simple imprisonment for two months. That has been confirmed by the learned Sessions Judge in appeal.

2. It is submitted by the learned Counsel for the applicant that out of the compensation of Rs.58,000/-, the applicant has deposited Rs.25,000/- before the learned Sessions Judge. The learned Counsel for the applicant states that the applicant is ready and willing to deposit the balance amount of Rs.33,000/-.

CRMA/41/2017

3. In such circumstances, the following order is passed: (a) The substantive sentence of imprisonment is hereby suspended, until further orders, subject to the applicant furnishing P.R. bond in the sum of Rs.15,000/- with one solvent surety in the like amount and on condition of deposit of Rs.33,000/-.

(b) Bail Bonds to be furnished and the amount of Rs.33,000/- to be deposited before the learned Sessions Judge. C. V. BHADANG, J.

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