MHCC020008502024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.126 OF 2024
IN
CRIMINAL APPEAL NO.36 OF 2024
Punit Shantilal Gada,
Age : 49 years, Indian Inhabitant,
Profession : Business,
Residing at : P­401, Vardhman Nagar,
Dr. Rajendra Prasad Road, Mulund (West),
Mumbai – 400 080.
…
Applicant
(Org. Accused)
Versus
1. Ankit Mulchand Mota,
Age : Not Known, Profession : Advocate,
Residing at : Plot No.131, Road No.4,
Matunga, Mumbai – 400 019.
2. The State of Maharashtra.

…
Respondents
Respondent No.1­Orig. Complainant
Appearance :
Mr. Suryaprakash S. Dube a/w. Ms. Sakhi S. Dube, Ld. Advs. 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 : 19th January, 2024.
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 19/12/2023 for the offence punishable under Section
­2­
BA 126/2024 in CA 36/2024
138 of the Negotiable Instruments Act and sentenced him to pay fine of
Rs.10,000/­ and in default to undergo six months Simple Imprisonment,
and also to pay compensation of Rs.3,50,000/­ to the complainant
within one month from the date of order, and in default of payment of
compensation, he shall undergo Simple Imprisonment for one year.
2.

Heard the learned advocate for the appellant. None present
for respondent No.1. However, 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 and the sentence imposed by filing the
appeal, and considering the same, as the substantive sentence and
direction to pay compensation 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.126 of 2024 is allowed.

2.

The appellant/accused Punit Shantilal Gada 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 provisional
cash bail for one month.

5.

Criminal Bail Application No.126 of 2024 is disposed of
accordingly.
Date : 19/01/2024.
Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.
: 20/01/2024.
:
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BA 126/2024 in CA 36/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
24/01/2024
11.00 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
19/01/2024
JUDGEMENT / ORDER signed by P.O.
on
23/01/2024
JUDGEMENT / ORDER uploaded on
24/01/2024