Aslam Maula Mulani v. The State Of Maharashtra And ANR

906.APPRNo.1292016 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.129 OF 2016 IN CRIMINAL REVISION APPLICATION NO.114 OF 2016 Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Prashant Patil, Advocate for the Applicant. Smt.Anamika Malhotra, APP for the Respondent No.1/State. Smt.Heena Suvarnakar, Advocate for the Respondent No.2 ....

CORAM

: A.S.GADKARI, J DATED :4th May 2016 P.C.

1.

This is an application for suspension of the sentence and for releasing the applicant on bail. The applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to suffer rigorous imprisonment for one year and to pay compensation of Rs.3,96,600/­ to the original complainant, in default of payment of compensation to further suffer simple imprisonment for three months by the learned Judicial Magistrate First Class, Islampur, District Sangli in S.C.C.No. 838/2008 by its judgment and order dated 04/08/2010. The Criminal Appeal No.59 of 2010 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Islampur by its judgment and order dated 02/02/2016.

Gaikwad RD 1/2

906.APPRNo.1292016 2.

The learned counsel for the applicant submitted that out of the substantive sentence of one year of rigorous imprisonment of substantive sentence the applicant has already undergone 60 days of sentence as of today. The learned counsel for the applicant further submitted that his client has already paid the entire amount of compensation to the respondent No.2 on 26/04/2016 and the General Manager of the respondent No.2 has affirmed an affidavit dated 26/04/2016 to that effect. The said affidavit is on the record of this Court. The substantive sentence imposed upon the applicant is one year of rigorous imprisonment. The substantive sentence imposed upon the applicant is hereby suspended pending the hearing and final disposal of the present Revision Application. 3.

The applicant be released on bail on her furnishing a P.R. bond of Rs.10,000/­ with one or two local surety in like amount. 4.

The application is allowed in the aforesaid terms. 5.

All the concerned to act on an authenticated copy of this order.

(A.S.GADKARI J.) Gaikwad RD 2/2