MHCC020005392024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.79 OF 2024
IN
CRIMINAL APPEAL NO.20 OF 2024
Ms. Nikita Vinod Shirodkar,
D/o. Seema Vinod Shirodkar,
Age : 31 years, Occ. : Service,
L­37, Opp. Dr. Gaitonde Clinic,
Gogal Housing Board, Margao,
South Goa, Goa 403 601.

…
Applicant/
Org. Accused
Versus
1. Dharminder G. Gujral,
Age : 48 years, Occ. : Lawyer,
Having office at : Room No.116 and 128,
M.S. Building No.4, Chembur Colony,
Mumbai – 400 074.
2. State of Maharashtra.

…
Respondents
Respondent No.1­Org. Complainant
Appearance :
Mr. B. G. Mule, Ld. Adv. for applicant.
None for respondent No.1.
Mr. R. A. Mahakal, Ld. Addl. P.P. for respondent No.2/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 23rd January, 2024.

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BA 79/24 in CA 20/24
ORDER
This bail application is filed by the appellant­accused on the background
that he has been convicted by the learned trial Court by its judgment
and order dated 13/12/2023 for the offence punishable under Section
138 of the Negotiable Instruments Act and sentenced to pay fine of
Rs.5,000/­, and in default of payment of fine, she has been directed to
undergo Simple Imprisonment for four months. The appellant­accused
is further directed to pay compensation of Rs.5,25,000/­ after deducting
the 20% interim compensation amount already paid to the complainant
within one month from the date of the said order, and in default of
payment of compensation, she has been directed to undergo Simple
Imprisonment for one year.
2.

Heard the learned advocate for the appellant.

As the
appellant was on bail during the period of trial, and as the
appellant/accused has challenged the legality and propriety of the
judgment of conviction and the sentence imposed by the trial Court by
filing the appeal, and considering the same, as the substantive sentence
has 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.79 of 2024 is allowed.

2.

The appellant/accused Ms. Nikita Vinod Shirodkar shall be
released on bail on executing the P.R. bond of Rs.25,000/­ with
surety in the like amount.

3.

The appellant/accused to furnish bail before the trial Court within
one month.

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4.

BA 79/24 in CA 20/24
Liberty is given to the appellant/accused to furnish provisional
cash bail for one month.

5.

Criminal Bail Application No.79 of 2024 is disposed of
accordingly.

Date : 23/01/2024.

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

: 25/01/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
31/01/2024
11.15 a.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
23/01/2024
JUDGEMENT / ORDER signed by P.O.
on
30/01/2024
JUDGEMENT / ORDER uploaded on
31/01/2024