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2022 DIGILAW 738 (BOM)

Vinay Sarveratan Varma v. State of Maharashtra

2022-03-15

REVATI MOHITE DERE

body2022
ORDER 1. Interim Application Nos. 896/2022 and 897/2022 are not listed on board today. The same are taken on Board and heard along with Criminal Revision Application No. 74/2022, which is at serial No.3 on today's board. 2. Heard learned counsel for the applicant. 3. By these applications, the applicant seeks suspension of his sentence and enlargement on bail. 4. The applicant, vide judgment and order dated 10th March 2021 passed by the learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai in C.C. No. 3261/SS/2015, has been convicted and sentenced as under : - for the offence punishable under Section 138 of the Negotiable Instruments Act, to suffer rigorous imprisonment for one months and to pay fine of Rs. 2,50,000/-, in default, to suffer simple imprisonment for three months. 5. The said judgment and order of conviction and sentence was confirmed by the learned Additional Sessions Judge, City Civil & Sessions Court, Greater Bombay, vide judgment and order dated 5 th January 2022 passed in Criminal Appeal No. 133/2021. 6. Today, learned counsel for the applicant has tendered an affidavit-cum-undertaking of the applicant. The same is taken on record. It appears that out of the fine amount of Rs. 2,50,000/- imposed by the trial Court and confirmed by the Appellate Court, the applicant has deposited Rs. 50,000/- in the trial Court and that the said amount has been withdrawn by the complainant. 7. As far as the balance amount of Rs. 2,00,000/- is concerned, the applicant has, in para 3 of the affidavit-cum-undertaking has set out the manner in which the said amount would be paid to the complainant i.e. (a) Rs. 25,000/- on or before 15th March 2022 (b) Rs. 50,000/- on or before 15th April 2022 (c) Rs. 50,000/- on or before 15th May 2022 (d) Rs.50,000/- on or before 15th June 2022 (e) Rs. 25,000/- on or before 15th July 2022 The applicant is present in Court and undertakes to abide by the said undertaking. 8. Considering the affidavit-cum-undertaking filed by the applicant, till the next date, the applicant's sentence is suspended and he is enlarged on interim bail, on the following terms and conditions :- ORDER i) The applicant be released on cash bail in the sum of Rs. 10,000/-, for a period of six weeks; ii) The applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs. 10,000/-, for a period of six weeks; ii) The applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs. 10,000/- with one or two local sureties in the like amount; iii) The applicant to deposit the first instalment of Rs.25,000/- in the Registry of this Court within one week from today instead of 15 th March 2022. The rest of the instalments be deposited in the Registry of this Court, as set out in para 7 above; 9. Issue notice to the respondents, returnable on 27th April 2022. Learned A.P.P waives notice on behalf of the respondent No.1-State. In addition to Court notice, applicant to serve the respondent No.2 by Advocate's notice and file an affidavit of service before the returnable date. 10. Learned counsel for the applicant to supply spare copy in the Registry within one week from today, to enable the Registry to issue notice to the respondent No. 2. If spare copy is not supplied in the stipulated time, the application shall stand dismissed for non-prosecution, without further reference to the Court. 11. Stand over to 20th April 2022 for recording compliance of the first and second instalments. 12. All concerned to act on the authenticated copy of this order.