BA 1803­22 in Appeal 417­22
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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 1803 OF 2022
(CNR NO. MHCC02­009776­2022)
IN
CRIMINAL APPEAL NO. 417 OF 2022
(CNR NO. MHCC02­009773­2022)
Mr. Kishor Khushal Gharat
)
(Prop. of M/s. Gharat Krishi Kendra) )
… Applicant/Org. Accused
Versus
1.

Indofil Industries Limited
)
2.

The State of Maharashtra
)
… Respondent /
Org. Complainant
Ld. Adv. More with Adv. Jadhav for Applicant.
None for Respondent No. 1.
Ld. APP. Kalpana Hire for State / Respondent No. 2.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO. 39)
DATED : 01.08.2022.
ORDER
The Applicant has filed present application under Section
389 (1) of the Code of Criminal Procedure as the learned Metropolitan
Magistrate, 33rd Court, Ballard Pier, Mumbai by its order dated
28.06.2022 convicted the Applicant / Accused Kishor Khushlal Gharat,
Proprietor of M/s. Gharat Krishi Kendra for the offence punishable
under Section 138 of Negotiable Instruments Act vide Section 255 (2)
BA 1803­22 in Appeal 417­22
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of the Code of Criminal Procedure and thereby sentenced to suffer
simple imprisonment for six months. The Accused is directed to pay
compensation of Rs. 4,00,000/­ (Rupees Four Lakhs), within one
month, in default the accused to suffer simple imprisonment for two
months.
2.

Heard the learned advocate appearing on behalf of the
Applicant.
3.

The learned advocate submitted that the applicant /
accused on bail throughout the trial. He further submitted that he was
on cash bail of Rs. 5,000/­. Therefore, the applicant is requested to
continue the said cash bail.
4.

As the substantive sentence is suspended, the applicant /
accused is entitled to release on bail on certain conditions. Hence, I
proceed to pass following order :­
ORDER
1.

The Bail Application No. 1803 of 2022 is hereby
allowed.
2.

The applicant / accused Shri. Kishor Khushal Gharat
(Prop. M/s Gharat Krishi Kendra) be released on executing
P. B. and S.B. of Rs. 15,000/­. In the alternative, the accused
be released on cash bail of Rs. 15,000/­.
3.

Bail before the learned Trail Court.

BA 1803­22 in Appeal 417­22
4.

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Inform the learned Trial court accordingly.
Anita
Bajranglal
Sharma
Digitally signed by
Anita Bajranglal
Sharma
Date: 2022.08.10
11:26:48 +0530
(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay
Date :­ 01.08.2022.
Dictation Typed on
Checked & Signed on
:­
:­
01.08.2022.
10.08.2022.

BA 1803­22 in Appeal 417­22
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
10.08.2022 at 11.40 am
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 01.08.2022
JUDGMENT/ORDER signed by P.O. 10.08.2022
on
JUDGMENT/ORDER uploaded on
10.08.2022