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Cri B A No. 1004 of 2022
MHCC020056612022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
CRIMINAL BAIL APPLICATION NO. 1004 OF 2022
Mukesh Jethmalji Jain
Age :­ Nil
Occupation :­ Business
R/at :­ 2nd Panjra Pole Lane,
Balkrishna Niwas,
1st Floor, Rom No.44,
C.P. Tank Road,
Mumbai­400004.

….Applicant
V/s.
…..Respondent No.1
1) The State of Maharashtra
2) Abhay Harilal Shah
Age :­ Nil
Occupation :­ Business
R/at :­ 103, Divyalok Co­operative Housing Society,
320 L.D. Ruparel Marg, Malabar Hill,
Mumbai­400006.
…..Respondent No.2
(Original Complainant)
Appearance:­
Mr. C.K. Mishra, Advocate for the applicant.
Mrs. Komal B. Shah, Advocate for the Respondent No.2
CORAM :­
HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.34)
DATE
10th May, 2022.

:­
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Cri B A No. 1004 of 2022
ORDER
Read the application and reply filed by respondent No.2. Heard
both sides at length. Original accused (Applicant) has been convicted for
the offence punishable u/s. 138 of the Negotiable Instruments Act vide
Section 255(2) of Code of Criminal Procedure. On the day of Judgment,
the accused was absent, so conviction warrant was issued against him by
the Trial Court. Today, the application for condonation of delay in filing
the appeal is allowed by this Court. Offence punishable u/s. 138 of the
Negotiable Instruments Act is bailable and compoundable. The record
shows that the accused has misused the liberty granted to him by Trial
Court and remained absent on the day of Judgment. At present he is in
custody.

However, no purpose will be served by keeping the
applicant/accused behind bar. Keeping in mind the past conduct of the
accused, I am of the opinion that he is not entitled for the relief of
provisional cash bail. Resultantly, I pass following order.

ORDER
1.

Applicant/original accused Mukesh Jethmalji Jain be released on
executing fresh Personal Bond of Rs. 15,000/­ with one or two
sureties of like amount (Rs. Fifteen Thousand Only/­) before
the trial Court, till further order.

2.

Criminal Bail Application 1004 of 2022, is disposed off
accordingly.

3.

Supply authentic copy to both the sides.
JAYSHRI
RADHAKRISHNA
PULATE
Date :­ 10.05.2022
Digitally signed
by JAYSHRI
RADHAKRISHNA
PULATE
Date: 2022.05.11
16:27:51 +0530
(Jayshri R. Pulate)
Additional Sessions Judge
Gr. Bombay
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Directly dictated on Computer
Signed on
Cri B A No. 1004 of 2022
: 10.05.2022
: 10.05.2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE
TIME
STENOGRAPHER NAME
11.05.2022
04.15 p.m.

Ms. Ujwala J. Bhagat.

Name of the Judge
H.H.J. Jayshri R. Pulate.
(Court Room No.34)
Date of pronouncement of Order
10.05.2022
Order signed by P. O. on
10.05.2022
Order uploaded on
11.05.2022