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2019 DIGILAW 205 (BOM)

Sheela Sheshrao Lokade @ Sheela Ganesh Suryawanshi v. Rachna Ashokrao Hippalgaonkar

2019-01-23

V.K.JADHAV

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JUDGMENT : V.K. Jadhav, J. Hard both sides. 2. The applicant is woman. She was on bail during the course of trial and also during pendency of appeal. She was convicted by the trial court under section 138 of Negotiable Instruments Act and sentenced to suffer R.I. for three months and to pay fine of Rs. 10,00,000/- i/d to suffer S.I. for three months. 3. The learned counsel for the applicant submits that during pendency of the appeal before the Sessions Court, the learned Judge of the Sessions Court has suspended the sentence on deposit of an amount of Rs. 35,000/- before the Court. Learned counsel submits that the applicant is now ready to deposit an amount of Rs. 2,15,000/- (Rupees Two lacs fifteen thousand) within two days and the applicant may be released on bail by suspending the sentence. 4. The applicant is woman and she remained on bail during trial and also during pendency of appeal. The learned Sessions Judge has entertained the appeal though subsequently dismissed by permitting the applicant to deposit an amount of Rs. 35,000/-pending the appeal. 5. In view of above and since the applicant is now ready to deposit an amount of Rs. 2,15,000/- and thus total amount comes to Rs. 2,50,000/-, pending hearing and final disposal of the criminal revision application, the applicant needs to be released, as the criminal revision application will take its own time for disposal in accordance with law. Further, till disposal of the revision application the sentence passed against the applicant needs to be suspended. Thus, I am inclined to release the applicant on bail. Hence, the following order:- ORDER I. The criminal application is hereby allowed. II. Till disposal of the criminal revision application, the sentence passed against the applicant stands suspended. III. The applicant Sheela Sheshrao Lokade @ Sheela Ganesh Suryawanshi be released on bail on furnishing personal bond of Rs. 15,000/- with one surety of the like amount on the condition that the applicant shall deposit an amount of Rs. 2,15,000/- (Rupees Two lacs fifteen thousand only) within two days from today before this Court. IV. Criminal application is disposed of.