MHCC020020272024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.286 OF 2024
IN
CRIMINAL APPEAL NO.76 OF 2024
Niyaz Ahmed M. Qureshi,
R/o. : Timber Market, Room No.43,
Hill Road, Opp. Sujala Hotel, Reay Road,
Mumbai – 10.

…
Applicant/
Org. Accused
Versus
1. MSA Trust,
Through its Trustee Mr. Zaheer Mamnoon,
Having its office at M/s. Mercantile Shipping
Agencies, Gala No.35, Bombay Timber Marg,
Signal Hill Avenue, Darukhana,
Reay Road (E), Mumbai – 10.
2. The State of Maharashtra.

…
Respondents/
Respondent No.1­Org. Complainant
Appearance :
Mr. Rohan Samant, Ld. Adv. for applicant.
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 : 4th March, 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
­2­
BA 286/24 in CA 76/24
judgment and order dated 05/01/2024 for the offence punishable
under section 138 of the Negotiable Instruments Act and sentenced to
suffer Simple Imprisonment till rising of the Court and to pay a fine
amount of Rs.1,70,000/­ within two months, and in default, he shall
undergo further 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 fine 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.286 of 2024 is allowed.

2.

The appellant/accused Niyaz Ahmed M. Qureshi shall be
released on bail on executing the P.R. bond of Rs.20,000/­ 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
provisional cash bail for one month.
5.

Criminal Bail Application No.286 of 2024 is disposed of
accordingly.

Date : 04/03/2024.

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

: 07/03/2024.
:
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BA 286/24 in CA 76/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
12/03/2024
11.00 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
04/03/2024
JUDGEMENT / ORDER signed by P.O.
on
11/03/2024
JUDGEMENT / ORDER uploaded on
12/03/2024