MHCC020026682024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.393 OF 2024
IN
CRIMINAL APPEAL NO.144 OF 2024
Awadesh Girijakant Mishra,
Age : 47 years, Occ. : –,
Residing at : 22/16, M. C. Chaghla Road,
Samarat Ashok Nagar. Vile Parle (E),
Mumbai – 64.

…
Applicant/
Org. Accused
Versus
1. Omkarnath Rajaram Singh,
Age : –, Occ. : –,
Residing at : T/D/6/33, CGS Quarters,
Ghatkopar (W), Mumbai.
2. The State of Maharashtra.

…
Respondents/
Respondent No.1­Org. Complainant
Appearance :
Mr. Rajesh Katarnavare, Ld. Adv. for applicant.
Mr. Mangesh Mumbarkar,, Ld. Adv. for respondent No.1.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent No.2/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 6th March, 2024.
ORDER
This bail application is filed by the appellant/accused No.3 on the
background that he has been convicted by the learned trial Court by its
judgment and order dated 15/06/2023 for the offence punishable
under section 138 r/w 141 of the Negotiable Instruments Act.

The
­2­
BA 393/24 in CA 144/24
appellant/accused No.3 along with one another accused are convicted
and sentenced to suffer Simple Imprisonment for four months each.
They are also directed to pay jointly compensation to the complainant
to the tune of Rs.4,00,000/­, and in default, both the accused has to
undergo further Simple Imprisonment for two months each.
2.

Heard the learned advocate for the appellant and the
learned advocate for the respondent No.1. As the appellant/accused
No.3
was
on
bail
during
the
period
of
trial,
and
as
the
appellant/accused No.3 has challenged the legality and propriety of the
judgment of conviction by filing the appeal, and considering the same,
as the substantive sentence of imprisonment and direction to pay
compensation have been suspended, I am of the view that the
appellant/accused No.3 can be released on bail. In the result, I proceed
to pass the following order :­
ORDER
1.

Criminal Bail Application No.393 of 2024 is allowed.

2.

The appellant/accused No.3 Awadesh Girijakant Mishra shall be
released on bail on executing the P.R. bond of Rs.20,000/­ with
surety in the like amount.

3.

The appellant/accused No.3 to furnish bail before the trial Court
within one month.

4.

Liberty is given to the appellant/accused No.3 to furnish
provisional cash bail for one month.

5.

Criminal Bail Application No.393 of 2024 is disposed of
accordingly.

Date : 06/03/2024.

Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.

: 07/03/2024.
:
­3­
BA 393/24 in CA 144/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
07/03/2024
6.00 p.m.

Name of Stenographer
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT / ORDER
HHJ SHRI K. P. SHRIKHANDE
(COURT ROOM No.87)
of
06/03/2024
JUDGEMENT / ORDER signed by P.O.
on
07/03/2024
JUDGEMENT / ORDER uploaded on
07/03/2024