MHCC020055092024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.865 OF 2024
IN
CRIMINAL APPEAL NO.229 OF 2024
Narendra Kumar Mishra,
Age : 44 years, Occ. : Business,
Office at : Shop No.2, 22/32, Old Satta Lane,
Jhaveri Bazaar, Mumbai – 400 002, And
Residing at : B/205, Sai Jagruti Co­Op.
Housing Society Limited, B. P. Road,
Kharigaon, Bhayander East,
Thane – 401 015.

…
Appellant/
Org. Accused
Versus
1. Ujjwal Narendra Jain,
Age : 48 years, Occ. : Business,
Proprietor of Namrata Jewellers,
Having shop at Kavi Nirav Lane,
Opp. Bhagat T. Hotel, Zaveri Bazaar,
Mumbai – 400 002.
2. The State of Maharashtra.

…
Respondents/
Respondent No.1­Org. Complainant
Appearance :
Mr. S. V. Vishwakarma, Ld. Adv. for appellant.
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 : 3rd May, 2024.
ORDER
This bail application is filed by the appellant/accused on the
­2­
BA 865/24 in CA 229/24
background that he has been convicted by the learned trial Court in
C.C.

No.2800271/SS/2014
by
its
judgment
and
order
dated
15/03/2024 for the offence punishable under section 138 of the
Negotiable Instruments Act, 1881 and sentenced to suffer Simple
Imprisonment for six months and to pay a fine of Rs.8,30,000/­, and in
default, to suffer Simple Imprisonment for one month.
2.

Heard the learned advocate for the appellant.

As the
appellant/accused 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 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.865 of 2024 is allowed.

2.

The appellant/accused Narendra Kumar Mishra shall be released
on bail on executing the P.R. bond of Rs.30,000/­ 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 the cash
security in lieu of solvent surety.

5.

Criminal Bail Application No.865 of 2024 is disposed of
accordingly.

Date : 03/05/2024.

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

: 04/05/2024.
:
­3­
BA 865/24 in CA 229/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
06/05/2024
5.50 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
03/05/2024
JUDGEMENT / ORDER signed by P.O.
on
06/05/2024
JUDGEMENT / ORDER uploaded on
06/05/2024