MHCC020019492024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.273 OF 2024
IN
CRIMINAL APPEAL NO.70 OF 2024
Johnson Xavier Fransis,
R/o. : Saidham Building, A­2, Saibaba Road,
Near Dalal Building, Khar (E),
Mumbai – 400 051.
…
Applicant/
Org. Accused
Versus
1. Shriram Chits (Maharashtra) Limited/
M/s. Sukakarta Industries,
Registered Office : At 117/118,
Dalmal Towers, B­Wing, 211,
Nariman Point, Mumbai – 400 021.
2. The State of Maharashtra.

…
Respondents/
Respondent No.1­Org. Complainant
Appearance :
Ms. Anuradha Bagwe, Ld. Adv. for applicant.
None 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 : 8th February, 2024.
ORDER
This bail application is filed by the appellant/accused on the
background that he has been convicted by the learned trial Court by its
judgment and order dated 11/01/2024 for the offence punishable
­2­
BA 273/24 in CA 70/24
under section 138 of the Negotiable Instruments Act and sentenced to
suffer Simple Imprisonment for one month, and to pay a fine of
Rs.45,000/­, and in default, he has to suffer Simple Imprisonment for
one month. The accused is ordered to pay compensation of Rs.40,000/­
to the complainant out of the fine amount after appeal period is
elapsed.
2.

Heard the learned advocate for the appellant.

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 by filing the appeal, and considering the same,
as the substantive sentence of imprisonment and sentence of fine have
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.273 of 2024 is allowed.

2.

The appellant/accused Johnson Xavier Fransis shall be released
on bail on executing the P.R. bond of Rs.15,000/­ 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.273 of 2024 is disposed of
accordingly.

Date : 08/02/2024.

Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.
: 13/02/2024.
:
­3­
BA 273/24 in CA 70/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
20/02/2024
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
08/02/2024
JUDGEMENT / ORDER signed by P.O.
on
20/02/2024
JUDGEMENT / ORDER uploaded on
20/02/2024