BA 1594­22 in Appeal 386­22
: 1 :
Dt. 16.07.2022
IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 1594 OF 2022
(CNR NO. MHCC02­008695­2022)
IN
CRIMINAL APPEAL NO. 386 OF 2022
(CNR NO. MHCC02­008691­2022)
1.

Adarsh Texfab Private Limited
)
2.

Rajesh Thandiram Jain
)
3.

Mohit Rajesh Jain
)
4.

Seema Rajesh Jain (dead)
)
… Applicants
Versus
1.

The State of Maharashtra
)
2.
Unify Texturisers Private Limited )
(Through Authorized Representative Yasin) )
Sattar Dhorajiwala )
)
… Respondents
Ld. Adv. I.B. Singh for Applicants.
Ld. APP. Kalpana Hire for State / Respondent No. 1.
None for Respondent No. 2.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO. 39)
DATED : 16.07.2022.
ORDER
The Applicants have granted suspension of sentence under
Section 389 (1) of the Code of Criminal Procedure as the learned
Metropolitan Magistrate, 6th Court, Mazgaon (Sewri), Mumbai by its
BA 1594­22 in Appeal 386­22
: 2 :
Dt. 16.07.2022
order dated 25.05.2022 convicted the Applicants / Accused No. 2
Rajesh Jain and Accused No. 3 Mohit Rajesh Jain under Section 138
read with Section 141 of Negotiable Instruments Act in C.C.
No.0602009/SS/2016
and
thereby
sentenced
to
suffer
simple
imprisonment for 1 (one) year each. The Accused Nos. 1 to 3 are
directed to pay compensation of Rs. 10,27,719/­ (Rupees Ten Lakhs
Twenty Seven Thousand Seven Hundred Nineteen), in default the
accused to undergo simple imprisonment for 03 (three) months each.
2.

Heard the learned advocate appearing on behalf of the
applicants. He submitted that the applicants / accused were on bail
throughout the trial of the case and the learned Trial Court suspended
the sentence. The applicants have challenged the impugned Order and
Judgment by preferring an appeal and it will take its own time for the
decision on merit. It is necessary till the decision of this appeal, the
applicants / accused No. 2 and 3 are entitled to release on bail. Hence,
I proceed to pass following order :­
ORDER
1.

The Bail Application No. 1594 of 2022 is hereby
allowed.
2.

The applicant / accused no. 2 Rajesh Khandiram Jain
and applicant / accused no. 3 Mohit Rajesh Jain be released
on executing P.B. and S.B. of Rs. 15,000/­ each. In the
alternative, the accused be released on cash bail of
Rs. 15,000/­ each.
3.

Bail before the learned Trial Court.

BA 1594­22 in Appeal 386­22
4.

: 3 :
Dt. 16.07.2022
Inform the learned Trial court accordingly.

(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay
Date :­ 16.07.2022.
Dictation Typed on
Checked & Signed on
:
:
16.07.2022.
19.07.2022.

BA 1594­22 in Appeal 386­22
: 4 :
Dt. 16.07.2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
19.07.2022 at 3.33 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. A. B. SHARMA
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 16.07.2022
JUDGMENT/ORDER signed by P.O. 19.07.2022
on
JUDGMENT/ORDER uploaded on
19.07.2022