Milan Steel Devendra Shivaji Palodia Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 623 of 2024

MHCC020043742024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.623 OF 2024
IN
CRIMINAL APPEAL NO.161 OF 2024
1. M/s. Milan Steel,
Registered office address : Veera Shopping
Center, Tilakies, Dombivili ­ 421 201.
2. Devendra Shivaji Palodia @ Shah,
Proprietor of M/s. Milan Steel,
i.e. accused No.1, Indian Inhabitant,
aged about 58 years, Occ. : Business,
Residing at : Ramkrushna Niwas Co­Op.
Housing Society Ltd., 2nd Floor,
Babasaheb Joshi Road, Off Phadake Road,
Dombivili ­ 421 201.


Appellants/
Org. Accused
Versus
1. Jigar Mahendra Dedhia,
(HUF) Mahendra Devji Dedhia,
Indian Inhabitant, Aged about 61 years,
Occ. : Business,
Residing at : B­07, Mahavir Dham 48/51,
Garodia Nagar, Ghatkopar (East),
Mumbai ­ 400 077.
2. The State of Maharashtra.


Respondents/
Respondent No.1­Org. Complainant
Appearance :
Mr. Manish Dubey, Ld. Adv. for appellants.
None for respondent No.1.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent No.2/State.

­2­
BA 623/24 in CA 161/24
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 2nd April, 2024.
ORDER
This bail application is filed by the appellants/accused on the
background that they have been convicted by the learned trial Court in
C.C. No.40/SS/2020 by its judgment and order dated 07/02/2024 for
the offence punishable under section 138 of the Negotiable Instruments
Act and the appellant/accused No.2 is sentenced to suffer Simple
Imprisonment for a term of two months. He is also directed to pay an
amount of Rs.7,68,767/­ to the complainant as compensation within
thirty days from the date said order, and in default, to suffer further
Simple Imprisonment for a period of one month.
2.

Heard the learned advocate for the appellants. As the
appellant/accused No.2 was on bail during the period of trial, and as
the appellant/accused No.2 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.2 can be released on bail. In the result, I proceed
to pass the following order :­
ORDER
1.

Criminal Bail Application No.623 of 2024 is allowed.

2.

The appellant/accused No.2 Devendra Shivaji Palodia @ Shah
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.2 to furnish bail before the trial Court
within one month.

­3­
4.

BA 623/24 in CA 161/24
Liberty is given to the appellant/accused No.2 to furnish
provisional cash bail for one month.

5.

Criminal Bail Application No.623 of 2024 is disposed of
accordingly.

Date : 02/04/2024.

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

: 06/04/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
19/04/2024
5.45 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
02/04/2024
JUDGEMENT / ORDER signed by P.O.
on
19/04/2024
JUDGEMENT / ORDER uploaded on
19/04/2024