Minaj Latif Mulani And ANR. v. Sahil Hashamoddin Inamdar And ANR.

by RUPALI RAJESH WAKODIKAR Date:

2022.03.30 17:41:04 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1061 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 143 OF 2022

1. Minaj Latif Mulani

2. Amol Vasant Tarlekar ...Applicants

Versus

Sahil Hashamoddin Inamdar and Anr.

...Respondents

Mr. P.G.Chavan for the Applicants.

Mr. H.J.Dedhia, A.P.P for the Respondent No.2-State. CORAM : REVATI MOHITE DERE, J.

DATE : 30 th MARCH, 2022 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicants seek suspension of their sentence and enlargement on bail, pending the hearing and final disposal of the aforesaid Revision Application.

3.

The applicants, vide Judgment and Order dated 7th September, 1/4

2018, passed by learned Judicial Magistrate First Class, Sangola, in Summary Trial Case No. 22 of 2012 have been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and are sentenced to suffer simple imprisonment for six months. The applicants have also been directed by the said Judgment and Order to deposit compensation of Rs.1,25,000/-. The said Judgment and Order of conviction and sentence was confirmed by the learned Extra Joint Additional Sessions Judge, Pandharpur, vide Judgment and Order dated 19th March, 2022 passed in Criminal Appeal No. 61 of 2018. 4.

Learned Counsel for the applicants submits that the applicants have deposited Rs.60,000/- before the trial Court and the applicants are ready to deposit the balance amount of Rs.65,000/- in the Registry of the trial Court within three weeks from today. Statement accepted. 5.

The Revision Application has been admitted by a separate order passed today and the same is not likely to come up for hearing in the immediate near future. The sentence imposed is a short term sentence. It is not in dispute that the applicants were on bail pending trial and during the pendency of their appeal and that, the have not misused or abused the liberty granted to them.

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6.

Considering the aforesaid, the application is allowed and the applicants' sentence is suspended and they are enlarged on bail, pending the hearing and final disposal of their Revision Application, on the following terms and conditions :-

ORDER

i) The Applicants be released on cash bail in the sum of Rs.10,000/- each, for a period of six weeks;

ii) The Applicants shall thereafter furnish P.R. Bond in the sum of 10,000/- each, with surety in the like amount, within a period of six weeks of their release on cash bail; iii) The Applicants shall report to the trial Court, once in six months on the day/date specified by the trial Court; iv) The Applicants shall keep the trial Court informed of their current address and mobile contact number and/or change of residence or mobile details, if any, from time to time; 3/4

7.

The Application is allowed in the aforesaid terms and accordingly disposed of.

8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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