MHCC020020632024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.285 OF 2024
IN
CRIMINAL APPEAL NO.75 OF 2024
Manoj Kondiba Gaikwad,
Age : 52 years, Indian Inhabitant, Occ. : Service,
Residing at : BIT Chawl No.4, Room No.5,
Meghraj Sethi Marg, Agripada, Jacob Circle,
Mumbai 400 011.
…
Applicant/
Org. Accused No.1
Versus
1. Shri Gajanan Sahakari Patpedhi Mydt.
Through Mr. Shripati Shankar Powar,
Office Address : 225/F, Amir House,
Room No.20., Maharashtra High School Ground,
N. M. Joshi Marg, Mumbai – 400 013.
2. State Of Maharashtra,
(Through The Public Prosecutor).
…
Respondents/
Respondent No.1Org. Complainant
Appearance :
Mr. Chaitanya Kotnis, 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 No.1 on the
background that he has been convicted by the learned trial Court by its
judgment and order dated 02/01/2024 for the offence punishable
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BA 285/24 in CA 75/24
under section 138 of the Negotiable Instruments Act and sentenced to
suffer Simple Imprisonment for six months.
It is also directed that
accused No.1 shall pay compensation of Rs.33,19,500/ to the
complainant within three months from the date of judgment, and in
default of payment of compensation amount, he shall suffer Simple
Imprisonment for six months.
2.
Heard the learned advocate for the appellant.
As the
appellant was on bail during the period of trial, and as the
appellant/accused No.1 has challenged the legality and propriety of the
judgment of conviction by filing the appeal, and considering the same,
as the substantive sentence and direction to pay compensation have
been suspended, I am of the view that the appellant/accused No.1 can
be released on bail.
In the result, I proceed to pass the following
order :
ORDER
1.
Criminal Bail Application No.285 of 2024 is allowed.
2.
The appellant/accused No.1 Manoj Kondiba Gaikwad shall be
released on bail on executing the P.R. bond of Rs.40,000/
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.285 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.
: 14/02/2024.
:
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BA 285/24 in CA 75/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
21/02/2024
11.30 a.m.
Bahushruta Y. Jambhale
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
21/02/2024