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Bombay High CourtAPPLN/1734/2024disposed off

Shah Javed Wahed v. Vimal Ashok Mundhe Fahimuddin Quadri And Antoher

2024-04-24Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

937-appln.1734.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

937 CRIMINAL APPLICATION NO. 1734 OF 2024 IN REVNST/4652/2024 SHAH JAVED WAHED

VERSUS

VIMAL ASHOK MUNDHE AND ANOTHER ...

Advocate for Applicant : Mr. Shaikh Ashraf Patel. APP for Respondent No.2 : Mrs. Pratibha J. Bharad. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

24th April, 2024.

P.C.:

This is an application for suspension of sentence and granting bail to the applicant.

By judgment dated 12th September, 2017 delivered by learned Judicial Magistrate First Class, Court No.7, Aurangabad in S.C.C. No.10065 of 2016, the applicant is sentenced to suffer rigorous imprisonment for six months and pay fine for the offence punishable under Section 138 of the Negotiable Instruments Act. The said conviction is confirmed by the learned Additional Sessions Judge, Aurangabad by judgment dated 21st December, 2023 delivered in Criminal Appeal No.185 of 2017.

Considering the peculiar set of facts of the case, the execution of sentence awarded to the applicant is suspended till final decision of

937-appln.1734.24.odt the revision application, subject to depositing the amount of Rs.50,000/- by the applicant in the Trial Court. If the said amount is deposited then the applicant be released on bail on executing P. R. bond of Rs.15,000/- with one surety of the like amount. The bail bond shall be furnished before the Trial Court.

The criminal application is disposed of.

Parties to act upon the authenticated copy of this order. [ SANJAY A. DESHMUKH, J. ] nga