MHCC020001422024 IN THE COURT OF SESSIONS FOR GREATER MUMBAI, AT MAZGAON

CRIMINAL BAIL APPLICATION NO.29 OF 2024
IN
CRIMINAL APPEAL NO.6 OF 2024

1. Surya Landmark Developers Pvt. Ltd.
(Private Limited Company),

2. Vipul Himmatlal Shah,
(Director and Authorized Signatory of No.1),

3. Murari Vipul Shah,
(Director and Authorized Signatory of No.1),
All having address at 603, Nandlal CHS Ltd.,
Riddhi Palace, S. V. Road, Borivali (W),
Mumbai – 400 092. … Applicants/ Org. Accused

Versus

Laxmichand Kunverji Kenia, Having address at 343, Dev Ashish, Chandavkar Cross Road, Matunga,
Mumbai – 400 019. … Respondent/ Org. Complainant

Appearance :
Ms. Dakshata Zagade, Ld. Adv. for applicants.
Mr. Jatin Karia (Shah), Ld. Adv. for respondent.

CORAM : HIS HONOUR ADDL. SESSIONS JUDGE K. P. SHRIKHANDE. (C. R. No.87) DATED : 22nd January, 2024.

ORDER

This bail application is filed by the appellant ­accused on the background that he has been convicted by the learned trial Court by its judgment and order dated 30/11/2023 for the offence punishable under Section 138 of the Negotiable Instruments Act and the appellants­accused No.2 and 3 are sentenced to suffer Simple Imprisonment till rising of the Court. The appellants­accused have been further sentenced to pay a compensation of Rs.85,50,000/­ along with 9% simple interest per annum from the date of filing of complaint till its realization, to the complainant within one month, and in default of payment of
compensation, the appellants­accused No.2 and 3 has to undergo Simple Imprisonment for six months.

2.Heard the learned advocate for the appellants. The learned advocate appearing for respondent resisted the application. However, as the appellants were on bail during the period of trial, and as the
appellants/accused have challenged the legality and propriety of the judgment and the sentence imposed by the trial Court, and considering the same, as the substantive sentence has 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.29 of 2024 is allowed.

2.The appellants/accused Vipul Himmatlal Shah and Murari Vipul Shah shall be released on bail on executing the P.R. bond of Rs.50,000/­ each with surety in the like amount.

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

­4.Criminal Bail Application No.29 of 2024 is disposed of accordingly.

Date : 22/01/2024. Typed on Signed on ( K. P. SHRIKHANDE ) Additional Sessions Judge, Gr. Mumbai, C.R. No.87 at Mazgaon. : 25/01/2024. : “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Bahushruta Y. Jambhale
29/01/2024 3.15 p.m. 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 22/01/2024 JUDGEMENT / ORDER signed by P.O. on 29/01/2024 JUDGEMENT / ORDER uploaded on 29/01/2024