MHCC020065632024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.1060 OF 2024
IN
CRIMINAL APPEAL NO.277 OF 2024
Neeta Manoj Chhabriya,
Age : 54 years, Occ. : Housewife,
Residing at : 31, Golden Palace,
Turner Road, Bandra West, Mumbai.
…
Appellant/
Org. Accused
Versus
The State of Maharashtra,
(Through Bandra police station
bearing C. R. No.61 of 2013).
…
Respondent/
Org. Complainant
Appearance :
Mr. Siddharth Jaiswal, Ld. Adv. for appellant.
Mr. Sachin Gawade, Ld. Addl. P.P. for respondent/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 13th May, 2024.
ORDER
This
bail
application
is
filed
on
the
background
that
the
appellant/accused has been convicted by the learned trial Court by its
judgment and order dated 21/03/2024 in C.C. No.1808/PW/2012. The
appellant/accused has been convicted for the offence punishable under
sections 406 and 420 of the Indian Penal Code.
For the offence
punishable under section 406 of the IPC, the accused is sentenced to
suffer Rigorous Imprisonment for three years and for the offence
punishable under section 420 of the IPC, she is sentenced to suffer
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BA 1060/24 in CA 277/24
Rigorous Imprisonment for three years. Accused is also directed to pay
compensation amounts to the victims.
2.
Heard the learned advocate for the appellant and the
learned A.P.P. for the respondent/State.
The learned A.P.P. has
opposed the application by submitting that the offence is serious and
there is possibility of absconding of the appellant. However, as the
appellant was on bail during the period of trial and as the
appellant/accused has challenged the legality and propriety of the
judgment of conviction and the sentence imposed by filing the appeal,
and considering the same, as the substantive sentence 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.1060 of 2024 is allowed.
2.
The appellant/accused Neeta Manoj Chhabriya 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 to furnish bail before the trial Court
within one month.
4.
Liberty is given to the appellant/accused to furnish the cash
security in lieu of solvent surety.
5.
Criminal Bail Application No.1060 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.
:
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BA 1060/24 in CA 277/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
17/05/2024
10.30 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
16/05/2024
JUDGEMENT / ORDER uploaded on
17/05/2024