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Bombay High CourtAPPR/183/2018others disposed off

Sunita Vitthal Ghatul v. Dadaso Laxman Bhuse And ANR

2018-09-27Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade 25-appr183-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 183 of 2018 IN CRIMINAL REVISIION APPLICATION NO. 167 OF 2018 Sunita Vitthal Ghatul ...Applicant.

V/s.

Dadaso Laxman Bhuse and anr.

... Respondents ­­­­­ Mr. A.P.Pawar for the Applicant.

Mr. A.R.Patil, APP for the Respondent/State. ­­­­ CORAM : A.S.GADKARI, J.

DATE : 27th September, 2018 P.C.:

1.

This is an application for suspension of sentence and for releasing the Applicant on bail.

2.

The Applicant has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and directed to under go sentence till rising of the Court and to pay a compensation of Rs.65,000/­ to respondent No.1, in default of payment of compensation to further under go simple imprisonment for 15­days by the learned Judicial Magistrate First Class Mangalwedha, by its Judgment Order dated 9.6.2010 in SCC No.144/2008. The said conviction and sentence has been upheld in Criminal Appeal No.25/2010 by the learned Additional Sessions Page­1/2

Nalawade 25-appr183-18.doc Judge Pandharpur by its Judgment and Order dated 12.1.2018. 3.

The learned counsel for the applicant submitted that the applicant has already undergone sentence and has also deposited the compensation amount of Rs.65,000/­ in the registry of the Trial Court. He further submitted that, the applicant is pursuing the present application with a view to wipe out the stigma of conviction.

3.

In view of the above, I am inclined to release the applicant on bail. Hence, the following order.

a) During the pendency of the present Revision Application, the substantive sentence imposed upon the Applicant is suspended. b) During the pendency of the present Revision Application, the Applicant be released on bail on his furnishing PR bond of Rs.5,000/­with one or two local sureties in the like amount. c) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page­2/2