MHCC020018402024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.256 OF 2024
IN
CRIMINAL APPEAL NO.63 OF 2024
Mrs. Suchita Parshuram Kalekar,
Proprietor of Shyam Beer Shop having
address at : Shop No.15, Anandi Shobha Society,
Ameya Apartment, Opp Fish Market,
V. N. Purav Marg, Chunabhatti,
Mumbai – 400 022.
…
Applicant/
Org. Accused
Versus
1. State of Maharashtra,
2. M/s. H. Parson Pvt. Ltd.,
A Private Limited Company registered
under the Companies Act, having address
at : Asian Building, Nicol Road,
Ballard Pier Estate, Post Box No.246,
Mumbai – 400 038, through his C.A.
Mr. Ghanshyam Arjun Mahale,
Age : 55 years, Occ. : Accountant.
…
Respondents/
Respondent No.2Org. Complainant
Appearance :
Mr. Abhyajeet Kherwar i/b. Yash Associates, Ld. Adv. for applicant.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent No.1/State.
None for respondent No.2.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 3rd February, 2024.
2
BA 256/24 in CA 63/24
ORDER
This bail application is filed by the appellant/accused on the
background that she has been convicted by the learned trial Court by its
judgment and order dated 05/01/2024 for the offence punishable
under section 138 of the Negotiable Instruments Act and sentenced to
suffer Simple Imprisonment for one year and to pay fine of
Rs.2,82,490/ with interest @ 9% p.a. from the date of the said order
till its realization within one month from the date of the said order, and
in default, she has to suffer further Simple Imprisonment for two
months. It was also directed that the fine amount, if recovered from the
accused, be given to the complainant as compensation.
2.
Heard the learned advocate for the appellant. 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 of conviction by filing the appeal, and considering the same,
as the substantive sentence 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.256 of 2024 is allowed.
2.
The appellant/accused Mrs. Suchita Parshuram Kalekar shall be
released on bail on executing the P.R. bond of Rs.20,000/ 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.
3
5.
BA 256/24 in CA 63/24
Criminal Bail Application No.256 of 2024 is disposed of
accordingly.
Date : 03/02/2024.
Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.
: 07/02/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
08/02/2024
1.50 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
03/02/2024
JUDGEMENT / ORDER signed by P.O.
on
08/02/2024
JUDGEMENT / ORDER uploaded on
08/02/2024