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Bail Application No.927 of 2022 in Cri. Appeal No.202/2022
MHCC020052432022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 927 OF 2022
(CNR NO. MHCC02-005243-2022)
IN
CRIMINAL APPEAL NO.202 OF 2022
(CNR NO. MHCC02-005241-2022)
Nisar Ahmed @ Nisarahmed Faizuddin Ansari
Aged 58 Years, Occupation: Business,
Prop. of M/s. New Arts Mould, 4,
Sonal Industrial Estate, Building No.2,
Kachpada, Opp. Movie Time Link Road,
Malad (W), Mumbai 400 004.
Versus
1. Sunil Parasnath Bharati
Aged 32 Years, Occupation: Business,
Prop. Of M/s. Aditya Alloys, 2-B/703,
Dreams CHS Ltd., Opp. Pawar Public
School, L.B.S. Marg, Bhandup (W),
Mumbai 400 078.
2. State of Maharashtra,
Through Public Prosecutor
..Appellant/
(Orig. Accused)
..Respondent/
(Orig. Complainant)
..Respondent
Appearances :Ld. Adv. Mr. Adil Mirza, for the Appellant/Orig. Accused.
Ld. Adv. Mr. Joginder Varma for the Respondent No.1.
Ld. Addl. P.P. Mrs. Meera Chaudhary for the State/Respondent No.2.

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Misc. Application at Exh-32
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE,
MRS. MADHURI M. DESHPANDE,
(Court Room No. 41).
DATED : 4TH OCTOBER, 2022.

ORDER
Present appeal is arising out of Judgment and Order passed
in Criminal Case No. 253/SS/2018 on 24/03/2022 by the Learned
Metropolitan Magistrate, 53rd Court, Mulund, Mumbai. The respondent
no.1/original complainant Mr. Sunil Parasnath Bharati through M/s.
Aditya Alloys has filed a complaint under Section 138 of the Negotiable
Instruments Act, 1881 against the present appellant/accused, wherein
appellant Nisar Ahmed @ Nisarahmed Faizuddin Ansari is convicted
under Section 138 of the Negotiable Instruments Act, 1881 and being
aggrieved by the said Judgment and Order, the present appeal is
preferred by him. As per the said Judgment and order, the
appellant/accused is convicted and sentenced to suffer simple
imprisonment for three months. The appellant/accused is also directed
to pay compensation vide Section 357(3) of the Code of Criminal
Procedure, 1973 to the tune of Rs. 2,00,000/- (Rupees Two Lakhs Only)
within one month from the date of order. In default of payment of
compensation amount, as directed the appellant/accused to further
suffer simple imprisonment of six months.
2.

According to appellant/accused, he has fair chance of
success in this appeal.

The present appeal has been filed by the
appellant/accused within limitation. Therefore, they prayed to release
him on bail and stay the execution of sentence passed in Criminal Case
No. 253/SS/2018 on 24/03/2022 till the final disposal of this appeal.

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3.

Bail Application No.927 of 2022 in Cri. Appeal No.202/2022
Heard Learned Advocates for the appellant/accused and
the respondent and the Learned A.P.P. for the State. Gone through the
record.
4.

I have gone through the impugned Judgment. The
appellant/accused is ready to abide by the terms and conditions
imposed while granting bail. Considering the quantum of Sec. 148 of
the Negotiable Instruments Act, 1881, I proceed to pass following
order :-
ORDER
1.

Bail Application No. 927 of 2022 in Crim. Appeal No. 202 of 2022
is hereby allowed.
2.

The substantive sentence of imprisonment passed by the Learned
Metropolitan Magistrate, 53rd Court, Mulund, Mumbai in Criminal Case
No. 253/SS/2018 on 24/03/2022 is stayed till the conclusion of present
appeal.
3.

The appellant/accused Nisar Ahmed @ Nisarahmed Faizuddin
Ansari be released on bail on P. R. Bond of Rs. 15,000/- (Rupees Fifteen
Thousand Only) with one solvent surety in like amount, on the
following conditions :a)
b)
4.

Appellant/accused shall not leave India without permission of
the Court till conclusion of the appeal.
Appellant/accused shall not commit similar type of offence in
future.

Bail before Lower Court.

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Misc. Application at Exh-32
5.

Inform Learned Trial Court accordingly.

6.

Bail Application No. 927 of 2022 in Criminal Appeal No. 202 of
2022 stands disposed of accordingly.

Date : 4/10/2022
Directly typed on
Checked & corrected on
Signed on
Sent to Dept on
MADHURI
MILIND
DESHPANDE
Digitally signed
by MADHURI
MILIND
DESHPANDE
Date: 2022.10.04
16:48:27 +0530
(Mrs. Madhuri M. Deshpande)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai.
: 4/10/2022
: 4/10/2022
: 4/10/2022
:
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Bail Application No.927 of 2022 in Cri. Appeal No.202/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
Upload Date
04/10/2022
Upload Time
4.16 p.m.

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
Name of the Judge (With Court Room No.)

HHJ Mrs. Madhuri M.
Deshpande (C.R. No. 41)
Date of Pronouncement of ORDER
04/10/2022
ORDER signed by P.O. on
04/10/2022
ORDER uploaded on
04/10/2022