1 crap2761.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2761 OF 2011 IN CRIMINAL REVISION APPLICATION NO. 142 OF 2011 Kirtansing s/o Harising Chhabra ...Applicant (Orig. accused) VERSUS Santoshi Mata Merchant Credit Society, Bhusawal and anr. ...Respondents ..... Shri R.S.Deshmukh, advocate for applicant Shri P.P.More, A.P.P. for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20 th July, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant seeking bail pending hearing and final disposal of Criminal Revision Application No. 142 of 2011, suspending the substantive sentence 2 crap2761.11 imposed upon him. It appears that the applicant (original accused) faced the trial under S.C.C. No. 3134 of 2002 for the offence punishable under Section 138 of the Negotiable Instruments Act and was directed to pay the compensation of Rs.2,00,000/- to the complainant, within the period of one month, from the date of the order, under Section 357 (3) of the Code of Criminal Procedure, in default of payment of compensation, the accused was directed to undergo simple imprisonment for three months, by the judgment and order, dated 31.1.2007 passed by the learned Judicial Magistrate, First Class, Bhusawal. 3 The applicant assailed the said judgment and order by filing Criminal Appeal No. 17 of 2007 before the learned Sessions Judge, Jalgaon. However, it appears that the said appeal was dismissed by way of judgment and order, dated 23.5.2011, rendered by the learned Sessions Judge, Jalgaon and the operative part of the order passed by the Trial Court was modified and it was directed that the applicant is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for one month and to pay Rs.2,00,000/- to the complainant by way of compensation in view of Section 357 (3) of the Code of Criminal Procedure, within the period of one month, in default of payment of compensation amount within the stipulated 3 crap2761.11 period, the applicant was directed to undergo further simple imprisonment for one month. 4 Since the applicant/accused was absent before the court, direction was issued in respect of issuance of arrest warrant and for his commitment to prison to undergo the sentence. 5 Being aggrieved and dissatisfied by the said judgment and order, dated 23.5.2011, passed by the learned Sessions Judge, Jalgaon, the applicant has preferred Criminal Revision Application No. 142 of 2011 and same is pending before this court. 6 As regards the compliance of the arrest warrant issued by the learned Sessions Judge, Jalgaon as per the impugned judgment and order, dated 23.5.2011, since the applicant/accused was absent before the court on the date of pronouncement of the judgment, Shri R.S.Deshmukh, learned counsel for the applicant canvassed that the applicant has surrendered before the learned Sessions Judge, Jalgaon today i.e. 20.7.2011, and on instructions, he made the statement that the applicant has been taken into custody by the said court today only. 7 Moreover, learned counsel for the applicant tendered the 4 crap2761.11 fax copy of the application, dated 20.7.2011 preferred before the learned Sessions Judge, Jalgaon by the applicant in respect of the said surrender and the said fax copy is taken on record and marked as document ‘X’. 8 It appears that the applicant was on bail during the pendency of trial as well as Criminal Appeal No. 17 of 2007. Moreover, the substantive sentence inflicted upon the applicant is for the period of one month i.e. simple imprisonment for the period of one month, which is short term sentence. Besides, the learned counsel Shri R.S.Deshmukh appearing for the applicant submitted that the applicant has already deposited the compensation amount of Rs.25,000/- before the Sessions Court on 16.3.2007 and copy of the receipt thereof is annexed at Exh.’B’ (Page 17). 9 As regards the deposit of balance amount of compensation, learned counsel for the applicant, on instructions, stated that the applicant shall deposit further amount of Rs.1,00,000/- before this court, within the period of one week and sought concession in respect of deposit of further compensation amount of Rs.75,000/. It is further canvassed by the learned counsel for the applicant that the applicant is about 65 years old person and he is suffering from prostrate glands and he has been advised the 5 crap2761.11 necessary medical treatment, follow up and rest and the medical case papers have been annexed at Exh.’C’ collectively i.e. (pages 18 to 43). 10 Having the comprehensive view of the matter and considering the above referred facts and circumstances, the applicant deserves to be enlarged on bail, and therefore, it is directed that the applicant, namely Kirtansing Harising Chhabra be released on bail on execution of P.R. bond in the sum of Rs.15,000/- with one surety in the like amount, suspending the substantive sentence, subject to deposit of Rs.1,00,000/- towards the compensation before this court till 30.7.2011. The bail to be furnished before the learned Sessions Judge, Jalgaon and present application stands disposed of accordingly. 11 Parties to act on the copy of this order duly authenticated by the Court Sheristedar. (SHRIHARI P. DAVARE), JUDGE. dbm/crap2761.11