BA 625-2022
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29.3..2022
IN THE COURT OF SESSIONS, AT BOMBAY
BAIL APPLICATION NO. 625 OF 2022
IN
CRIMINAL APPEAL NO.134 OF 2022
IN
C.C.NO.0604168/SS/2019
CNR NO. MMCC02­
Mihir Kauntey Tanna
Age:41 years, Occ: Business,
Office at A/109­110,
Super Shopping Complex,
Bajaj X Road, Kandivali(W),
Mumbai 400 069.

)
)
)
)
)
)
Versus.
1.Jigar Dhimant Gala
Adult, Indian Inhabitant, Occ:
R/o.202 Deepak Building,
14 Navyug Society, JVPD Scheme,
Road No.4, Vile Parle (West),
Mumbai 400 056.

Appellant.
(Org.Accused)
)
)
)
)
)
)
2.The State of Maharashtra
)
C/o The Public Prosecutor,
)
Court of Sessions, Mumbai 400 032. )
..Respondents.
(Org.Complainant)
Mr. Rajendra Rathod, Ld. Advocate for the applicant.
APP Mr.Ajit Chavan for Respondent No.2.
CORAM: HHJ SMT CHITRA HANKARE
DATE: 29.03.2022
C.R.NO.10
ORDER
1.

The applicant has filed application for seeking bail. The applicant is
BA 625-2022
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29.3..2022
convicted by order dated 24.2.2022 passed by the Metropolitan Magistrate,
6th
Mazgaon
Court,
Mazgaon,
Sewree,
Mumbai
in
C.C.No.

0604168/SS/2019,, for the offence punishable under Section 138 r/w 141
of Negotiable Instrument Act.
2.

It is contended by the applicant that trial court has erred in law and
perverse in convicting the appellant. Ld Magistrate has not properly
appreciated the evidence on record. There are vital ommission and
contradiction in statement of witnesses. He has good case in hand. Hence
he prayed to release to appellant on bail.
3.

Heard both advocates. Perused impugned order. The offence is
punishable under section 138 r/w 141 of Negotiable Instrument Act. The
appeal will take its own time to ripe for final hearing. Nothing will gain by
keeping the appellant behind bar. Looking to the aforesaid circumstances
appellant is entitled to grant bail Thus, I proceed to pass the following
order:­
ORDER
Bail Application No. 625 OF 2022 is hereby allowed.
Appellant is released on bail on furnishing P.R.Bond of Rs.
15000/­ (Rs.Fifteen Thousand Only) with the surety in the
like amount.
Bail before trial court.
Date : 29.3.2022
Dictated on : 29.3.2022
Typed on : 13.04.2022
Signed on :
.04.2022.

CHITRA
RAM
HANKARE
Digitally signed by
CHITRA RAM
HANKARE
Date: 2022.04.18
15:35:49 +0530
( CHITRA HANKARE )
Additional Sessions Judge
Gr.Mumbai
BA 625-2022
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29.3..2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
18/04/2022 at 3.05 p.m.
UPLOAD DATE AND TIME
(V.S.Shinde)
NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)

SMT.C.R.HANKARE
(C.R. No.10)
Date
of
Pronouncement
JUDGMENT/ ORDER
of
29/03/2022
JUDGMENT/ORDER signed by P.O.
on
18/04/2022
JUDGMENT/ORDER uploaded on
18/04/2022