Ranadhir Rmakant Narvekar v. Shriram City Union Finance Ltd Through Aniketh Bhikaji Murkar And ANR.

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.357 OF 2019 IN REVISION APPLICATION NO. 344 OF 2019 WITH CRIMINAL APPLICATION NO.358 OF 2019 IN REVISION APPLICATION NO. 344 OF 2019 Ranadhir Ramakant Narvekar ...Applicant.

Versus

Shriram City Union Finance Ltd & Anr..

...Respondents

-------- Mr. Ganesh Sovani for the Applicant.

Ms. J.S. Lohokare,APP for the State.

­­­­­­­­ CORAM : A.S. GADKARI, J.

DATE : 17th July 2019.

P.C. :­ 1] These applications are for suspension of sentence and for releasing the applicant on bail.

2] Heard the learned Counsel for the applicant and the learned APP. Perused the record.

3] The applicant is convicted under Section 138 of the Negotiation Instruments Act and was sentenced to suffer rigorous 1/3

imprisonment for five months and to pay fine of Rs.1.00 lakh by the learned Judicial Magistrate First Class, Court No.3, Ratnagiri in S.C.C. No.894 of 2013 by its Judgment and Order dated 27.10.2015. Criminal Appeal bearing No. 75 of 2015 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Ratnagiri, by its Judgment and Order dated 19th June 2019. 4] As the maximum sentence imposed upon the applicant is five months of rigorous imprisonment and the possibility of present Revision being heard on its own merits in near future is remote, I am inclined to suspend the sentence imposed upon the applicant and release him on bail.

Hence the following Order:

(i) During the pendency of the present Revision, the substantive sentence imposed upon the applicant is suspended. (ii) During the pendency of the Revision, the applicant be released on bail on his furnishing PR bond in the sum of Rs.10,000/­ with one or two local sureties in the like amount.

(iii) The procedure for the bail be completed before the Trial Court i.e. Judicial Magistrate First Class, Ratnagiri. 2/3

(iv) As far as fine amount is concerned, the applicant to deposit the same in the Trial Court, if not deposited earlier. The payment of fine amount is condition precedent for the actual release of applicant from jail.

5] Application is allowed in the aforesaid terms. All the concerned to act on an authenticated copy of this Order.

(A.S.GADKARI, J.) 3/3