MHCC020077722024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.1247 OF 2024
IN
CRIMINAL APPEAL NO.324 OF 2024
Vasant Mavjibhai Kathrani,
Aged : 71 years, Occ. : Nil,
R/o. : Eden1, A Wing, 3rd Floor,
Flat No.303, Hiranandani Garden,
Powai, Mumbai – 400 076.
…
Appellant/
Org. Accused
Versus
The State of Maharashtra,
(S. S. Branch, CB, CID police station)
(CR.No.148/1991 of Sakinaka police
station).
…
Respondent/
Org. Complainant
Appearance :
Mr. Abhinav Dubey, Ld. Adv. for appellant.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 14th 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 30/03/2024 in C.C. No.1072/PW/2021. The
appellant/accused has been convicted for the offence punishable under
section 498(A) of the Indian Penal Code and under section 4 of Dowry
2
BA 1247/24 in CA 324/24
Prohibition Act. For the offence punishable under section 498(A) of the
IPC, the accused has been sentenced to suffer Simple Imprisonment for
six months and fine of Rs.10,000/, and in default, he shall suffer
Simple Imprisonment for 30 days. For the offence punishable under
section 4 of Dowry Prohibition Act., he has been sentenced to suffer
Simple Imprisonment for one month and fine of Rs.5,000/, and in
default, he shall suffer Simple Imprisonment for ten days.
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 has 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.1247 of 2024 is allowed.
2.
The appellant/accused Vasant Mavjibhai Kathrani shall be
released on bail on executing the P.R. bond of Rs.30,000/ 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.
3
5.
BA 1247/24 in CA 324/24
Criminal Bail Application No.1247 of 2024 is disposed of
accordingly.
Date : 14/05/2024.
Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.
: 16/05/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
17/05/2024
4.30 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
14/05/2024
JUDGEMENT / ORDER signed by P.O.
on
17/05/2024
JUDGEMENT / ORDER uploaded on
17/05/2024