:: 1 :: Cri. B.A. No. 98/2022 in Cri. Appeal No.07/2022 CNR NO. MHCC02-000535-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 98 OF 2022 IN CRIMINAL APPEAL NO.07 OF 2022 IN C.C. NO. 740/SS/2017

Shri. Rohit Keshvaji Nagaria
Age : 43 years,
Prop. of Royal Ply and Laminates
Hindu, Indian Inhabitant, Residing at:
Jalaram Niwas, A-Wing, 401, 4th Floor,
Dhamankar Naka, Bhivandi, Thane,
Mumbai – Pin-421305. …Appellant (Original Accused)

Versus
1. Ply Station DS, Through its Prop. Mr. Nimesh Parekh HUF, and adult, Residing at : 126B, Sant Savata Marg, Chandi Bazar, Opp. Masina Hospital, Byculla (E), Mumbai 400 027. Mo.9820075287. …Respondent No.1
Email: plyproducts@hotmail.com

2. The State of Maharashtra …Respondent No.2 (Original Complainant)

Appearances:
Advocate Ms. Asmita Mohite for the applicant/appellant.
Advocate Ramjeet H. Sharma for respondent No.1.
APP Mrs. Meera Choudhary – Bhosale for the State. CORAM : DATED : H.H.THE ADDITIONAL SESSIONS JUDGE, SONALI P. AGARWAL (C.R. NO. 41) 28th MARCH, 2022.
:ORDER:

This is an appeal filed by appellant under Section 138 of the Negotiable Instruments Act, 1881, against order dated 17.12.2021 passed by Ld. Metropolitan Magistrate, 7 th Court, Dadar, Mumbai, in C.C. No.740/
SS/2017.

2.Heard argument of learned counsels for appellant and respondent.

3.Appellant has stated that the offence is bailable. He will attend the Court on dates of the case.

4.Respondent has filed reply to direct accused to deposit 20% amount out of the compensation before the Court. Appellant is already directed to deposit 20% amount of the compensation awarded by learned Trial Court. Considering the fact that the offence is bailable, it will be proper to release him on bail.

5.Learned counsel for appellant has further stated that appellant be released on cash bail. Considering the fact that this is an appeal under Section 138 of The Negotiable Instruments Act, 1881, it will be proper to release appellant on cash bail provisionally only. Hence, pass following order:

ORDER

1.Criminal Bail Application No.98 of 2022 is allowed.

2.Appellant – Shri. Rohit Keshvaji

Nagaria be released on PB and SB of Rs.15,000/-.

3.Appellant – Shri. Rohit Keshvaji Nagaria be released on cash security of Rs.15,000/- provisionally for a period of two months from today.

4.Criminal Bail Application No.98 of 2022 stands disposed of accordingly.

Dt . 28.03.2022 Dictated on Transcribed on Signed on (SONALI P. AGARWAL) Additional Sessions Judge,
Gr. Bombay : 28.03.2022 : 28.03.2022 : 28.03.2022 :: 4 :: Cri. B.A. No. 98/2022 in Cri. Appeal o.07/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER
29/03/2022 at 1:41 p.m. UPLOADED DATE AND TIME Subhash Sukhdeo Poul NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal Room No. Room No.41) Date of Pronouncement Judgment/Order of 28/03/2022 Judgment/Order signed by P.O.on 28/03/2022
Judgment/Order uploaded on 29/03/2022 (Court