Research › Search › Judgment

Bombay High Court · body

2022 DIGILAW 938 (BOM)

Anil Dagadu Phale v. Dnyandev Dattatray Patil

2022-03-30

REVATI MOHITE DERE

body2022
ORDER 1. Heard learned Counsel for the parties. 2. By this application, the applicant seeks suspension of his sentence and enlargement on bail. 3. The applicant vide Judgment and Order dated 10 th October, 2017, passed by the learned 21 st Judicial Magistrate, First Class, Shivajinagar, Pune, in S. C. C. No. 409560 of 2015, has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, till rising of the Court. The applicant has also been directed to pay compensation of Rs. 7,00,000/-, in default to suffer further simple imprisonment for six months. The said Judgment and Order of conviction and sentence was confirmed by the Appellate Court i.e. by the Learned Sessions Judge, Pune, vide Judgment and Order dated 22nd February, 2022 passed in Criminal Appeal No. 552 of 2017. 4. Learned Counsel for the applicant submits that the applicant has deposited a sum of Rs.1,75,000/- in the Registry of the Pune District Court, during the pendency of his appeal. 5. Pursuant to the order dated 25th March, 2022, learned Counsel for the applicant has tendered an affidavit-cum-undertaking of the applicant duly affirmed before the Superintendent of Yerwada Central Prison, Pune dated 28th March, 2022. The same is taken on record. In that affidavit- cum-undertaking, the applicant has set out how he would deposit the balance amount of Rs.5,25,000/- in the Registry of the District Court, Pune. The chart is as under: 6. Considering the affidavit-cum-undertaking filed by the applicant, the applicant's sentence is suspended and he is granted interim bail, until further orders, 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 thereafter furnish P.R. Bond in the sum of 10,000/-, with surety in the like amount, within a period of six weeks of his release on cash bail; iii) If there is failure in depositing the balance amounts as mentioned in the affidavit-cum-undertaking of the applicant, the interim bail granted, shall come to an end. 7. In the meanwhile, Issue notice to the respondents returnable on 5th May, 2022. Learned APP waives notice on behalf of the Respondent No.2/State. In addition to Court notice, learned Counsel for the applicant to serve the respondent No.1 by private notice and file affidavit of service before the next date. 8. 7. In the meanwhile, Issue notice to the respondents returnable on 5th May, 2022. Learned APP waives notice on behalf of the Respondent No.2/State. In addition to Court notice, learned Counsel for the applicant to serve the respondent No.1 by private notice and file affidavit of service before the next date. 8. 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.1. If spare copy is not supplied in the stipulated time, the application shall stand dismissed for non-prosecution, without further reference to the Court. 9. Stand over to 5th May, 2022 for recording compliance. To be listed on supplementary board.