Saiyukta Kamat

Order - Status 3: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1773 OF 2022 WITH INTERIM APPLICATION NO. 1774 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 251 OF 2022 Padmanabhan Thandu Iyer...ApplicantVersusState Of Maharashtra And Anr....Respondents Ms. Saiyukta S. Kamat, Advocate for the Applicant. Mr. A. R. Patil, APP for the Respondent – State. CORAM : PRAKASH D. NAIK, J. DATE : 17 th JUNE, 2022. PER COURT: 1. These interim applications are preferred by the applicant for suspension of sentence and grant of bail during the pendency of Criminal Revision Application No.251 of 2022. 2. The applicant has been convicted for offence under Section 138 of Negotiable Instruments Act vide judgment and order dated 14 th February, 2017 passed by learned Metropolitan Magistrate, 30 th Court, Kurla, Mumbai and sentenced to pay fine of Rs.10,000/- in default of payment of fine, the accused shall undergo simple imprisonment of one year. He is also sentenced to pay compensation of Rs.4,45,000/- within one month from the date of order. The judgment of the trial Court has been confirmed by the Sessions Court by judgment and order dated 2nd May, 2022. Learned Advocate for the applicant submits that the applicant is ailing. There are discrepancies in the evidence adduced before the trial Court. The applicant has deposited Rs.1,00,000/- before the Appellate Court towards the compensation during the pendency of appeal. The applicant would deposit further amount of Rs.1,00,000/- within a period of four weeks from today. Considering the submissions, presently interim relief can be granted to the applicant till the next date of hearing. Hence, I pass the following order: ORDER i. The sentence of imprisonment imposed vide Judgment and order dated 14th February, 2017 passed by learned Metropolitan Magistrate, 30th Court, Kurla, Mumbai in C.C. No.3001612/SS/2015 and confirmed by Judgment and order dated 2nd May, 2022 passed by the Sessions Court, Greater Bombay in Criminal Appeal No.187 of 2017 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount; ii. The applicant is permitted to furnish cash bail in the sum of Rs.15,000/- till the next date of hearing. iii. The applicant shall deposit the amount of Rs.1,00,000/- before the trial Court within a period of four weeks from today. iv. Stand over to 18th July, 2022. (PRAKASH D. NAIK, J.)