Kumar Mansukhlal Mehta Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 539 of 2024

MHCC020035552024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.539 OF 2024
IN
CRIMINAL APPEAL NO.131 OF 2024
Kumar Mansukhlal Mehta,
Age : 48 years, Occ. : Business,
Proprietor of Fabric World,
Having address at : No.1, Malti Apartments,
Chikoowadi, T.P.S.1 Road,
Borivali (West), Mumbai – 400 092.


Applicant/
Org. Accused
Versus
1. Jyoti Prakash Devjani,
Proprietor of J. P. Textiles,
Having address at : 417, Gaumukh Gally,
M. J. Market, Kalbadevi, Mumbai – 400 002.
2. State of Maharashtra.


Respondents/
Respondent No.1­Org. Complainant
Appearance :
Mr. Kishor Bhatia, Ld. Adv. for applicant.
None for respondent No.1.
Mr. Sachin Gawade, Ld. Addl. P.P. for respondent No.2/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 6th 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 539/24 in CA 131/24
judgment and order dated 05/02/2024 for the offence punishable
under section 138 of the Negotiable Instruments Act and sentenced to
suffer Simple Imprisonment for two months and to pay a fine of
Rs.95,000/­, and in default, he shall suffer Simple Imprisonment for one
month.
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.539 of 2024 is allowed.

2.

The appellant/accused Kumar Mansukhlal Mehta 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.539 of 2024 is disposed of
accordingly.

Date : 06/03/2024.

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

: 12/03/2024.
:
­3­
BA 539/24 in CA 131/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
14/03/2024
11.55 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
06/03/2024
JUDGEMENT / ORDER signed by P.O.
on
14/03/2024
JUDGEMENT / ORDER uploaded on
14/03/2024