MHCC020032822024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.484 OF 2024
IN
CRIMINAL APPEAL NO.120 OF 2024
Jacqueline Anne Desa,
Age : 56 years,
Residing at : 52/B, Anit Apts. CHS Ltd.,
Mount Pleasant Road, Malabar Hill,
Mumbai – 06.

…
Applicant/
Org. Accused
Versus
The State of Maharashtra,
At the instance of Sr. Inspector of Police,
Worli police station, Mumbai,
vide their F.I.R. No.200/2015.

…
Respondent/
Org. Complainant
Appearance :
Mr. Rahul Arote, Ld. Adv. for applicant.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
In­Charge of C.R. No.88
DATED : 1st March, 2024.
ORDER
This
bail
application
is
filed
on
the
background
that
the
appellant/accused has been convicted by the learned trial Court by its
judgment and order dated 01/02/2024.

The appellant/accused has
been convicted for the offence punishable under sections 279 and 304­A
of the Indian Penal Code. For the offence punishable under section 279
­2­
BA 484/24 in CA 120/24
of the IPC, the accused is sentenced to suffer Rigorous Imprisonment for
six months and to pay fine of Rs.1,000/­, and for the offence punishable
under section 304­A of the IPC, she is sentenced to suffer Rigorous
Imprisonment for one year and to pay fine of Rs.5,000/­.
2.

The learned A.P.P. has opposed the application by
submitting that the offence is serious and there is possibility of
absconding of the appellant. However, as the appellant was on bail
during the period of trial and as the appellant/accused has challenged
the legality and propriety of the judgment of conviction and the
sentence imposed by filing the appeal, and considering the same, as the
substantive sentence has been suspended, I am of the view that the
appellant/accused can be released on bail. In the result, I proceed to
pass the following order :­
ORDER
1.

Criminal Bail Application No.484 of 2024 is allowed.

2.

The appellant/accused Jacqueline Anne Desa shall be released on
bail on executing the P.R. bond of Rs.25,000/­ with surety in the
like amount.

3.

The appellant/accused to furnish bail before the trial Court
within one month.

4.

Liberty
is
given
to
the
appellant/accused
to
furnish
provisional cash bail for one month.
5.

Criminal Bail Application No.484 of 2024 is disposed of
accordingly.

Date : 01/03/2024.

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

: 04/03/2024.
:
­3­
BA 484/24 in CA 120/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
07/03/2024
3.20 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
01/03/2024
JUDGEMENT / ORDER signed by P.O.
on
07/03/2024
JUDGEMENT / ORDER uploaded on
07/03/2024