K S Sandhu Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 957 of 2024

MHCC020060582024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.957 OF 2024
IN
CRIMINAL APPEAL NO.251 OF 2024
K. S. Sandhu,
Age : 56 years, Occ. : Service,
C/o. Saga Clothing,
Apurva Industrial Estate, Makwana Road,
Andheri (East), Mumbai – 400 068.
And currently staying at : House No.1804,
Sector­33D, Chandigarh – 160 020.


Appellant/
Org. Accused
Versus
1. Ashish Gandhi,
R/o. : Prabhadevi Unique Industrial
Premises, Ground Floor, Unit No.15,
Veer Savarkar Marg, Bombay Dyeing
Compound, Prabhadevi,
Mumbai – 400 025.
2. State of Maharashtra.


Respondents/
Respondent No.1­Org. Complainant
Appearance :
Mr. Prajit Manjrekar, Ld. Adv. for appellant.
None for respondent No.1.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent No.2/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 19th April, 2024.

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BA 957/24 in CA 251/24
ORDER
This bail application is filed by the appellant/accused on the
background that he has been convicted by the learned trial Court in
C.C. No. 1863/SS/2015 by its judgment and order dated 19/03/2024
for the offence punishable under section 138 of the Negotiable
Instruments Act and sentenced to suffer Simple Imprisonment for six
months. The appellant/accused is also directed to pay compensation of
Rs.41,44,000/­ to the complainant within three months from the date of
the said judgment, and in default of payment of said compensation
amount, he shall suffer 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 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.957 of 2024 is allowed.

2.

The appellant/accused K. S. Sandhu shall be released on bail
on executing the P.R. bond of Rs.30,000/­ 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.

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5.

BA 957/24 in CA 251/24
Criminal Bail Application No.957 of 2024 is disposed of
accordingly.

Date : 19/04/2024.

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

: 24/04/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
25/04/2024
5.50 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
19/04/2024
JUDGEMENT / ORDER signed by P.O.
on
25/04/2024
JUDGEMENT / ORDER uploaded on
25/04/2024