MHCC020073142024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.1183 OF 2024
IN
CRIMINAL APPEAL NO.296 OF 2024
1. M/s. Raj V. Jewellery,
2. Gaurav Gandhi,
3. Hitesh Babubhai Bavishi,
Registered office at : 10/6/16,
Rockview Housing Society, Bhawani Nagar,
Marol Maroshi Road, Andheri (E),
Mumbai – 400 059.
…
Appellants/
Org. Accused
Versus
1. Shital Jawahar Shah,
2. State of Maharashtra.
…
Respondents/
Respondent No.1Org. Complainant
Appearance :
Ms. Kavita Shah, Ld. Adv. for appellants.
None for respondent No.1.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent No.1/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 15th May, 2024.
ORDER
This bail application is filed by the appellants/accused on the
background that they have been convicted by the learned trial Court in
C.C. No.4149/SS/2016 by its judgment and order dated 30/03/2024
for the offence punishable under section 138 r/w 141 of the Negotiable
2
BA 1183/24 in CA 296/24
Instruments Act, 1881 and sentenced to suffer Rigorous Imprisonment
for a term of six months each. The appellants/accused Nos.1 to 3 are
also directed to pay an amount of Rs.29,42,000/ to the complainant by
way of compensation within three months from today, and in default,
the accused Nos.2 and 3 shall suffer further Simple Imprisonment for a
term of three months each.
2.
Heard the learned advocate for the appellants.
As the
appellants/accused Nos.2 and 3 were on bail during the period of trial,
and as the appellants/accused have 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 appellants/accused can be released on bail. In the result, I
proceed to pass the following order :
ORDER
1.
Criminal Bail Application No.1183 of 2024 is allowed.
2.
The appellants/accused No.2. Gaurav Gandhi and 3. Hitesh
Babubhai Bavishi shall be released on bail on executing the P.R.
bond of Rs.25,000/ each with surety in the like amount.
3.
The appellants/accused Nos.2 and 3 to furnish bail before the
trial Court within one month.
4.
Liberty is given to the appellants/accused Nos.2 and 3 to furnish
the cash security in lieu of solvent surety.
5.
Criminal Bail Application No.1183 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 1183/24 in CA 296/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
17/05/2024
4.30 p.m.
Bahushruta Y. Jambhale
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
15/05/2024
JUDGEMENT / ORDER signed by P.O.
on
17/05/2024
JUDGEMENT / ORDER uploaded on
17/05/2024