MHCC020043252024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.646 OF 2024
IN
CRIMINAL APPEAL NO.847 OF 2023
Dilip Chandubhai Patel,
Aged about 57 years, an adult,
Indian Inhabitant of Mumbai,
Residing at : A/ 7, 2nd Floor, Anamika Building,
M. V. Road, Behind Jodhpur Hotel,
Andheri (East), Mumbai.

…
Appellant/
Org. Accused
Versus
1. The State of Maharashtra,
2. Mrs. Jagruti Vijay Savla,
Age : 55 years, an adult,
Residing at : Room No.3, Pathare House,
Nehru Road, Near Western Express Highway,
Santacruz (East), Mumbai.
…
Respondents/
Respondent No.2­Org. Complainant
Appearance :
Ms. Seema Pandya, Ld. Adv. for appellant.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent No.1/State.
Ms. S. M. Munj, Ld. Adv. for respondent No.2.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 2nd April, 2024.

­2­
BA 646/24 in CA 847/23
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.56004378/SS/2021 by its judgment and order dated
04/11/2023 for the offence punishable under section 138 of the
Negotiable
Instruments
Act
and
sentenced
to
suffer
Simple
Imprisonment till rising of the Court. The appellant/accused has been
further directed to pay a compensation of Rs.10,00,000/­ along with 9%
simple interest per annum from the date of filing of the complaint till its
realization, to the complainant within one month, and in default of
payment of compensation, the appellant/accused shall undergo Simple
Imprisonment for six months.
2.

Heard the learned advocate for the appellant and the
learned advocate for respondent No.2. The learned advocate for the
respondent No.2 resisted the application. 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.646 of 2024 is allowed.

2.

The appellant/accused Dilip Chandubhai Patel 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.

­3­
4.

Liberty
is
given
to
the
BA 646/24 in CA 847/23
appellant/accused
to
furnish
provisional cash bail for one month.
5.

Criminal Bail Application No.646 of 2024 is disposed of
accordingly.

Date : 02/04/2024.

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

: 06/04/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
08/04/2024
5.45 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
02/04/2024
JUDGEMENT / ORDER signed by P.O.
on
08/04/2024
JUDGEMENT / ORDER uploaded on
08/04/2024