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Bombay High CourtIA/4493/2022disposed off

M/S Dhareshwar Oil Industries And ANR v. The State Of Maharashtra And ANR

2023-01-11Hon'Ble Shri Justice R. G. Avachat2 pages

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2023.01.13 10:28:56 +0530 sg 1/2 1.revnst19444-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION (STAMP) NO.19444 OF 2022 ALONG WITH INTERIM APPLICATION NO.4493 OF 2022 IN CRIMINAL REVISION APPLICATION (STAMP) NO.19444 OF 2022 ALONG WITH INTERIM APPLICATION NO.4492 OF 2022 IN CRIMINAL REVISION APPLICATION (STAMP) NO.19444 OF 2022 M/s. Dhareshwar Oil Industries And Anr.

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Applicants v/s.

The State of Maharashtra And Anr.

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Respondents ....

Mr. Meghdeep Oak, for the Applicants.

Mr. Arfan Sait, APP, for State.

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CORAM: R.G. AVACHAT, J.

DATE : 11 JANUARY 2023.

P.C:- The learned Advocate for the Applicants informs that Respondent No.2 has been served privately. Along with application of condonation of delay, he preferred a revision application, taking exception to the order of conviction and sentence for offence under Section 138 of the N.I. Act. Applicant No.1 is in jail for little over three months. The Applicant is ready to deposit the entire amount of compensation/fine, that is Rs.10,00,000/-, within four weeks. Half of

sg 2/2 1.revnst19444-22.doc the amount thereof would be deposited within two weeks. 2.

In view of the same, the application (Interim Application No.4492 of 2022) for condonation of delay is allowed in terms of prayer clause (a).

3.

The execution of substantive sentence of imprisonment of the Applicant to stand suspended, pending this revision application on condition of deposit of sum of Rs.10,00,000/- within a period of four weeks and half thereof within the next two weeks in the trial court. 4.

The Applicant is released on P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand only) and Surety Bond in the like amount. In case of failure by the Applicant to deposit the amount within timeframe, the bail granted to the Applicant may stand cancelled. 5.

Application (Interim Application No.4493 of 2022) for suspension of sentence stands disposed of.

6.

Issue notice to the Respondents in revision application (Criminal Revision Application (Stamp) No.19444 of 2022) returnable on 8 February 2023.

(R.G. AVACHAT, J.)