MHCC020003872024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.56 OF 2024
IN
CRIMINAL APPEAL NO.12 OF 2024
1. M/s. Tirumala Enterprises,
2. Premchand Ashokkumar Mittal,
Proprietor of M/s. Tirumala Enterprises,
Having address : Narsingh Sadan, Plot No.78/A,
Shop No.1, Golibar Road No.1, Near Liberty Hotel,
Santacruz East Mumbai – 400 055.
… Applicants/
Org. Accused
Versus
1. The State of Maharashtra,
2. M/s. G. M. Fabrics Pvt Ltd.,
Having its office at Dhana Singh Compound,
J. B. Nagar, Andheri­Kurla Road,
Andheri (East), Mumbai – 400 059,
Through its Authorized Representative
Mr. Sachin Bansode.
…
Respondents/
Respondent No.2­Orig. Complainant
Appearance :
Ms. Avantika Nishad h/f Mr. Mukesh Singh, Ld. Adv. for applicants.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent No.1/State.
Ms. Yogini Ghavale, Ld. Adv. for respondent No.2.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87).
DATED : 20th February, 2024.

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BA 56/24 in CA 12/24
ORDER
This bail application is filed by appellant/accused No.2 on the
background that he has been convicted by the learned trial Court by its
judgment and order dated 24/11/2023 for the offence punishable
under Section 138 of the Negotiable Instruments Act and accused No.2
is sentenced to suffer Simple Imprisonment for one year and to pay fine
of Rs.61,72,732/­ with interest at the rate of 9% p.a. from the date of
the order till its realization, within one month from the date of the
order, and in default, accused No.2 is directed to suffer further Simple
Imprisonment for three months.
2.

Heard the learned advocate for appellants and the learned
advocate for respondent No.2. The learned advocate for respondent
No.2 resisted the application. However, as the appellant No.2 was on
bail during the period of trial, and as the appellants/accused have
challenged the legality and propriety of the judgment of conviction and
the sentence imposed by the learned trial Court by filing the appeal, and
considering the same, as the substantive sentence has been suspended, I
am of the view that the appellant/accused No.2 can be released on bail.
In the result, I proceed to pass the following order :­
ORDER
1.

Criminal Bail Application No.56 of 2024 is allowed.

2.

The appellant/accused No.2 Premchand Ashokkumar Mittal shall
be released on bail on executing the P.R. bond of Rs.50,000/­
with surety in the like amount.

3.

The appellant/accused No.2 to furnish bail before the trial Court
within one month.

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4.

BA 56/24 in CA 12/24
Liberty is given to the appellant/accused No.2 to furnish
provisional cash bail for one month.

5.

Criminal Bail Application No.56 of 2024 is disposed of
accordingly.

Date : 20/02/2024.

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

: 29/02/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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Name of Stenographer
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JUDGEMENT / ORDER
HHJ SHRI K. P. SHRIKHANDE
(COURT ROOM No.87)
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JUDGEMENT / ORDER signed by P.O.
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