:: 1 ::
MA No.626/2022 in BA 798/2022
in Cri. Appl. 185/2022
IN THE COURT OF SESSION FOR GREATER BOMBAY AT MUMBAI
COMMON ORDER
MISCELLANEOUS APPLICATION NO. 626 OF 2022
(CNR No.MHCC020045242022)
IN
BAIL APPLICATION NO.798 OF 2022
(CNR No.MHCC020045252022)
IN
CRIMINAL APPEAL NO. 185 OF 2022
(CNR No.MHCC020045232022 )
(C.C. No. 5602184/SS/2020)
1. Ramesh Lachhmandas Lalwani
Partner / Director of Accused No.3
2. Manish Ramesh Lalawani
Partner / Director of Accused No.3
3. M/s. Vivaan Creation LLP,
Correspondence address of all the appellants:
166, 1st Floor, New Cloth Market,
O/s. Raipur Gate, Post Ahmedabad,
Gujrat 380 002.
…Appellants/Org. Accused
Versus.
1. Shailesh J. Shah
Proprietor of M/s. S. J. Textile
Address 45/47, Dhanji Street,
Silver Mansion, 2nd Floor,
R.No.14, Pydhonie,
Mumbai.
2. State of Maharashtra
… Respondents/Org. Complainant
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MA No.626/2022 in BA 798/2022
in Cri. Appl. 185/2022
Appearance :
Mr.Shyamdhar, Ld. Advocate for the appellants/Org. accused.
CORAM :
H.H. THE ADDL. SESSIONS JUDGE,
SMT. A.D. DEO (C.R. No. 35).
DATED :
18th April, 2022
: COMMON ORDER :
The appellants/accused have preferred Appeal No.185 of 2022
against
the
Judgment
and
Order
dated
02.03.2022
in
C.C.
No.5602184/SS/2020 whereby the Ld. Metropolitan Magistrate 56th Court,
Mazgaon, Mumbai has convicted the accused for offence punishable under
Sec.138 of Negotiable Instruments Act and imposed simple imprisonment
till the rising of the court and fine of Rs.18,04,266/, in default to suffer
simple imprisonment for two months.
2.
In M.A. No.626/2022, it is prayed that the said conviction
Judgment and Order be suspended till the decision of Appeal and vide
B.A.No.798 of 2022, it is prayed that the accused be granted bail till the
decision of Appeal.
3.
Heard Ld. Advocate for the appellants/accused.
4.
Perused record before me. As the accused have hopes of
success in Appeal and also as the accused were on bail during trial, in the
interest of justice, I allow both the applications. Hence, I proceed to pass
following order
ORDER
1. Misc. Application No.626 of 2022 in Criminal Appeal No.185 of 2022
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MA No.626/2022 in BA 798/2022
in Cri. Appl. 185/2022
is allowed and disposed of accordingly..
2. The impugned Judgment and Order dated 02.03.2022 in C.C.No.
5602184/SS/2020 passed by the Metropolitan Magistrate 56 th Court,
Mazgaon, Mumbai, is hereby suspended till the decision of appeal,
subject to deposit of Rs.3,60,855/ in two installments to be deposited
on or before 06.06.2022.
3. Bail Application No.798 of 2022 in Criminal Appeal No. 185 of 2022 is
allowed subject to following conditions:
a. Appellants/original accused Ramesh Lachhmandas Lalwani, Manish
Ramesh Lalawani shall be released on their executing PB and SB of Rs.
50,000/ (Rupees Fifty Thousand Only) with one or more sureties in the
like amount, and one surety should be a local surety.
b. The appellants/accused shall furnish their mobile/landline numbers,
the mobile/landline numbers of their two close relatives/friends and
also their family members.
c. The appellants/accused shall also produce the proof of their identity
and proof of residence at the time of executing bail bonds.
d. The appellants/accused shall attend each and every date of this
appeal.
e. The appellants/accused shall not leave India without prior permission
of the Court.
f. The appellants/accused shall not commit offence while on bail.
g.
Ld. Counsel for the appellants/accused is directed to inform the
above conditions to the appellants/accused for compliance.
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h.
MA No.626/2022 in BA 798/2022
in Cri. Appl. 185/2022
In case of breach/default of any of the above condition by the
appellants/accused, it would be viewed seriously and it would entail
cancellation of bail granted to the appellants/accused.
4.
Inform about this order to the Trial Court.
5.
Miscellaneous Application No. 626 Of 2022 in Bail Application
No.798 Of 2022 stands disposed off.
6.
Copy of this order be maintained in the appeal.
ABHISHREI
DNYANESHWAR
DEO
(A.D. DEO)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Date: 18.04.2022
Dictated on
Transcribed on
Signed on
Digitally signed by
ABHISHREI
DNYANESHWAR
DEO
Date: 2022.04.20
16:29:06 +0530
: 18.04.2022
: 18.04.2022
: 19.04.2022
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MA No.626/2022 in BA 798/2022
in Cri. Appl. 185/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
20/04/2022 4.30 p.m.
UPLOADED DATE AND TIME
Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.
H.H.J. Smt. A. D. Deo
(Court Room No. 35)
)
Date
of
Pronouncement
Judgment/Order
of 18/04/2022
Judgment/Order signed by P.O. on
19/04/2022
Judgment/Order uploaded on
20/04/2022