Anil Madhusudan Sawant., v. The Bicholim Urban Cooperative Bank Ltd. And ANR.,

1 CRMA No. 100/2019 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 100 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 15 OF 2019 Mr. Anil Madhusudan Sawant ...

Applicant

Versus

The Bicholim Urban Cooperative Bank Ltd. and Anr.

.... Respondents Shri. Arun Talaulikar, Advocate for the applicant.

Shri. P. Shenvi Kakodkar, Advocate for the respondent No.1. Coram : Nutan D. Sardessai, J.

Date : 10 April, 2019.

P.C. :

Shri. P. Shenvi Kakodkar, learned Advocate for the respondent No.1 submits that he has instructions to appear on behalf of the respondent No.1. He concedes to the submission of Shri. A. Talaulikar, learned Advocate for the applicant that the cheque amount has been paid by the applicant, and that, what remains to be paid is the balance amount of the compensation awarded by the learned J.M.F.C., pursuant to the judgment dated 20.06.2017.

2 CRMA No. 100/2019 2.

It is a matter of record that the applicant has been sentenced to undergo simple imprisonment for one year and to pay the compensation of `4,50,000/-, which has been affirmed by the Appellate Court in the judgment dated 04.04.2019. The applicant seeks his release on bail and suspension of the impugned judgment on grounds that he has been in custody since the date of the judgment and that he would ensure to make the payment of the balance compensation within a reasonable time.

3.

It was the contention of Shri. Talaulikar, learned Advocate for the applicant that the applicant was placed under arrest for the first time on his conviction and being upheld by the learned Additional Sessions Judge, North Goa, Panaji.

4.

Considering the facts of the case and also the contention of Shri. Talaulikar, learned Advocate for the applicant that the applicant would pay the balance compensation within a reasonable time, the impugned judgment and sentence is suspended. The applicant is ordered to be enlarged on bail on executing bail bonds in the amount of `15,000/- (Rupees Fifteen Thousand only) and one local surety in coextensive amount to the satisfaction of the learned

3 CRMA No. 100/2019 Additional Sessions Judge, Panaji. He shall endeavour to make the payment of the balance compensation within four weeks from today. In these terms, the application stands disposed off. 5.

Criminal Revision Application No. 15 of 2019 stands over on 10 th June, 2019. Authenticated copy of this order to be issued to the parties.

Nutan D. Sardessai, J.

Dv*