MHCC020026122024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.364 OF 2024
IN
CRIMINAL APPEAL NO.210 OF 2024
1. Rakesh Ramesh Kudalkar,
2. Archana Rakesh Kudalkar.

…
Appellants/
Org. Accused
Versus
1. Raju Soma Baji,
2. State of Maharashtra.

…
Respondents/
Respondent No.1­Org. Complainant
Appearance :
Mr. Kishore Siram, Ld. Adv. for appellants.
Mr. Ramesh Jain, Ld. Adv. 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 : 6th April, 2024.
ORDER
This bail application is filed by the appellants/accused on the
background that they have been convicted by the learned trial Court in
C.C. No.1531/SS/2013 by its judgment and order dated 10/01/2024
for the offence punishable under section 138 of the Negotiable
Instruments Act and they have been sentenced to suffer Simple
Imprisonment for three months and to pay fine of Rs.5,000/­ each, and
in default of payment of fine, they shall suffer further Simple
Imprisonment for period of 15 days. The appellants/accused have also
­2­
BA 364/24 in CA 210/24
been directed to pay compensation of Rs.20,50,000/­ along with simple
interest at the rate of 6% p.a. from the date of cheque till the date of
order, to the complainant, and in default of the same, they shall suffer
further Simple Imprisonment for period of three months each.
2.

Heard the learned advocate for the appellants and the
learned advocate for respondent No.1. As the appellants/accused were
on bail during the period of trial, and as the appellants/accused have
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 direction to pay compensation have been
suspended, I am of the view that the appellants/accused can be released
on bail. In the result, I proceed to pass the following order :­
ORDER
1.

Criminal Bail Application No.364 of 2024 is allowed.

2.

The appellants/accused No.1. Rakesh Ramesh Kudalkar and
2. Archana Rakesh Kudalkar shall be released on bail on
executing the P.R. bond of Rs.25,000/­ each with surety in the
like amount.

3.

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

4.

Liberty
is
given
to
the
appellants/accused
to
furnish
provisional cash bail for one month.
5.

Criminal Bail Application No.364 of 2024 is disposed of
accordingly.

Date : 06/04/2024.

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

: 12/04/2024.
:
­3­
BA 364/24 in CA 210/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
19/04/2024
5.45 p.m.

Bahushruta Y. Jambhale
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
06/04/2024
JUDGEMENT / ORDER signed by P.O.
on
19/04/2024
JUDGEMENT / ORDER uploaded on
19/04/2024