MHCC020063022024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.986 OF 2024
IN
CRIMINAL APPEAL NO.261 OF 2024
Arvindkumar S. Mishra,
Age : Adult, Occ. : Business,
Proprietor of Nirmala Enterprises,
Address : B Wing, 601, Lavkush Tower,
Prabhuram Nagar, Katemanivali,
Kalyan (E), Thane.

…
Appellant/
Org. Accused
Versus
1. The State of Maharashtra,
2. M/s. J. S. Building Material
Suppliers Pvt. Ltd.,
Address : 10, Ground Floor,
B. M. Pai Marg, Reay Road, Mumbai,
Through its Authorized Representative
Mr. Brijesh Kumar Mishra.
…
Respondents/
Respondent No.2­Org. Complainant
Appearance :
Mr. Ashok Dubey, Ld. Adv. for appellant.
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 : 20th April, 2024.
ORDER
This bail application is filed by the appellant/accused on the
­2­
BA 986/24 in CA 261/24
background that he has been convicted by the learned trial Court in
C.C. No. 5604188/SS/2019 by its judgment and order dated
14/03/2024 for the offence punishable under section 138 of the
Negotiable Instruments Act, 1881 and sentenced to suffer Simple
Imprisonment till rising of the Court. The appellant/accused is also
directed to pay a compensation of Rs.5,00,379/­ 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, he shall undergo Simple Imprisonment for
six months.
2.

Heard the learned advocate for the appellant.

As the
appellant/accused 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 of imprisonment and direction to pay
compensation have 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.986 of 2024 is allowed.

2.

The appellant/accused Arvindkumar S. Mishra shall be released
on bail on executing the P.R. bond of Rs.25,000/­ 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 the cash
security in lieu of solvent surety.

­3­
5.

BA 986/24 in CA 261/24
Criminal Bail Application No.986 of 2024 is disposed of
accordingly.
Date : 20/04/2024.

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

: 26/04/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
30/04/2024
11.15 a.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
20/04/2024
JUDGEMENT / ORDER signed by P.O.
on
29/04/2024
JUDGEMENT / ORDER uploaded on
30/04/2024