IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CRIMINAL MISC APPLICATION NO.820 OF 2022
AND
CRIMINAL BAIL APPLICATION NO.1035 OF 2022
IN
APPEAL NO.243 OF 2022
(CNR NO.MHCC020058812022)
Mr.Siddharth Choudhary
.. Ori.Accused/Appellant
VS.
1.
State of Maharashtra,
(Inspector of Police Colaba
Police Station)
2.
Mr.Yashpal Rane
..Original Complnt./Respondent
Coram : Her Honour the Addl.Sessions Judge
Smt.C.V.Patil (C.R. No.27)
Dated :14/06/2022
Adv.Mr.Rajput for Applicant.
APP Mr.Shankar Erande for State.
Adv.Mr.Sherry for Respondent no.2.
ORDER
1.
All these three proceedings have been filed by accused
M/s.Alfa Supply Chain Solutions Pvt.Ltd. And accused no.2
Siddhartha Choudhary, being prejudiced by the Judgment and
Order of trial Court in CC No.480/SS/2017 dated 7/4/2022. By
the said judgment the trial Court has convicted the accused
Siddharth Choudhary under Section 355(2) and is ordered and
sentenced to suffer SI till rising of the Court and fine amount of
Rs.14,00,000/(Rs.Forteen Lacs). On the same day the concerned
Cri.MA & BA in Appeal
ORDER
2
trial Court has suspended sentence till appeal period. Accordingly
applicant/accused no.2 has filed appeal alongwith Bail application
and Criminal Misc.Application. In the Misc. Application he is asking
for suspension of sentence till disposal of the appeal and to release
him on bail.
2.
He filed appeal against the order and Judgment. Right of
appeal is the statutory right of accused. Considering nature of the
case, appeal deserves to be admitted. However, the accused has
asked for grant of bail. On the contrary, advocate of the applicant
submitted that as per settled principles of law it is necessary to
protect him atleast on deposit of 20% of the amount before
admission of the appeal. Considering, submission of both sides and
nature of offence. I proceed to pass following order:
ORDER
1.
Cri.Misc application No.820/2022
No.1035/2022 are allowed.
and Bail Application
2.
The execution and implementation of order passed by 70 th
Court Mazgaon, Mumbai in Case No.480/SS/2017 dated 7/4/2022
against accused is hereby stayed during the pendency of the appeal
on following condition:
The appellant/accused no.2 Siddharth Choudhary shall deposit
20% compensation that is Rs.2,80,000/ out of total Rs.14,00,000/
as a condition precedent within one month from the date of order.
3.
The appellant/accused no.2 Siddharth Choudhary be released
on PB and SB of Rs.10,000/
4.
Order be informed to the concerned Court.
ORDER
Cri.MA & BA in Appeal
3
5.
Thus, both Cri.Misc. Application No.820/2022 and Bail
Application No.1035/2022 stands disposed of.
(C.V.Patil)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
14/06/2022
Date of Dictation
: 14/06/2022
Date of Transcription : 14/06/2022
Date of signature
: 14/06/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
15.06.22
TIME
NAME OF STENOGRAPHER
3.00 a.m.
Mrs.Jyoti R.Mane
Name of the Judge
HHJ Smt. C.V.Patil (CR No.27)
Date of Pronouncement of
Judgement/Order.
Judgement/order signed by P.O on
14.06.22
Judgement/order uploaded on
14.06.22
14.06.22