DAG O Tools and Kartikan Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1027 of 2024

MHCC020064662024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.1027 OF 2024
IN
CRIMINAL APPEAL NO.272 OF 2024
1. M/s. DAG­O­TOOLS,
2. Kartikan – Partner,
Regd. Office : 170, Nirmala Industrial
Compound, Methapallayam Road,
Coimbatore – 641 043,
Also at 4/570, VSK Nagar, Vadamadurai,
PO, Coimbatore – 641 017 (Tamilnadu).


Appellants/
Org. Accused
Versus
Chandraprakash Pukhraj Bhansali,
Age : 47 years, Occ. : Business, Partner,
M/s. Bhansali Inox,
Regd. Office : 150, Madhav Bhavan,
Nanubhai Desai Road, Mumbai – 400 004.


Respondent/
Org. Complainant
Appearance :
Ms. Sujata Seth, Ld. Adv. for appellants.
None for respondent.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 13th May, 2024.
ORDER
This bail application is filed by the appellant/accused No.2 on the
background that he has been convicted by the learned trial Court in
C.C. No.1502/SS/2019 by its judgment and order dated 14/02/2024
for the offence punishable under section 138 r/w 141 of the Negotiable
­2­
BA 1027/24 in CA 272/24
Instruments Act, 1881 and the accused No.2 Kartikan is sentenced to
suffer Rigorous Imprisonment for a term of two months. The accused
Nos.1 and 2 are directed to pay an amount of Rs.41,45,615/­ to the
complainant by way of compensation within three months from the date
of the said judgment and order, and in default, accused No.2 shall
suffer further Simple Imprisonment for period of two months.
2.

Heard the learned advocate for the appellants.

As the
appellant/accused No.2 was on bail during the period of trial, and as
the appellant/accused No.2 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 No.2 can be released on bail. In the result, I proceed
to pass the following order :­
ORDER
1.

Criminal Bail Application No.1027 of 2024 is allowed.

2.

The appellant/accused No.2 Kartikan shall be released on bail on
executing the P.R. bond of Rs.40,000/­ with surety in the like
amount.

3.

The appellant/accused No.2 to furnish bail before the trial Court
within one month.

4.

Liberty is given to the appellant/accused No.2 to furnish the cash
security in lieu of solvent surety.

5.

Criminal Bail Application No.1027 of 2024 is disposed of
accordingly.

Date : 13/05/2024.

Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.
: 14/05/2024.
:
­3­
BA 1027/24 in CA 272/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
16/05/2024
11.30 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
13/05/2024
JUDGEMENT / ORDER signed by P.O.
on
15/05/2024
JUDGEMENT / ORDER uploaded on
16/05/2024