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Bombay High Court

DEEPAK AMBALAL SHAHversusThe State of Maharashtra

Decided
Disposal
Disposed Off

Holding

The High Court held that the appellate court's judgment was vitiated and must be set aside, remanding the matter for a fresh hearing.

Summary

Deepak Ambalal Shah filed a criminal revision application challenging the judgment and order in Criminal Appeal No. 284 of 2024. The High Court examined whether the appellate court's decision was legally sound and whether procedural irregularities warranted its setting aside. Finding merit in the revision, the Court quashed the impugned appellate order and remanded the case to the Metropolitan Magistrate for a fresh hearing, ensuring both parties receive a fair opportunity. The Court also directed the applicant to deposit 20% of the cheque amount within a month and to furnish cash bail of Rs.20,000 with a personal bond. Additionally, the Court ordered that the pending appeal be decided within six months and disposed of any other pending applications.

Issues considered

  • Whether the judgment and order in Criminal Appeal No. 284 of 2024 should be quashed on revision.
  • Whether the applicant is entitled to bail pending a fresh hearing.
  • Whether the applicant must deposit a portion of the cheque amount as directed by the Court.

Subjects

  • revision
  • quash
  • bail
  • fresh hearing
  • criminal appeal
  • high court

Judgment

                                                                               902 & 903-REVN-355-26 (operative) .doc

                             S.S.Kilaje


                                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                         CRIMINAL APPELLATE JURISDICTION

                                                 CRIMINAL REVISION APPLICATION NO. 355 OF 2026

                                   Deepak Ambalal Shah                                         … Applicant
                                   VERSUS
                                   The State Of Maharashtra                                    … Respondent

                                   _________________________________________________________________

                                   Mr. Bhavesh Parmar a/w. Mr. Aman Jhawar and Mr. Aqueel Patel,
SONALI by
          Digitally signed
          SONALI

SATISH Date:
       SATISH KILAJE               Advocate for Applicant.
KILAJE 2026.09.09
       17:38:08 +0530


                                   Mr. Balraj B. Kulkarni, APP for Respondent-State.
                                   Mr. Rajiv Patil, Senior Counsel a/w Mr. Saurab Ghag, Mr. Ojas Kochrekar,
                                   Ms. Nikita Chavan, Mr. Siddhant Raul, Sanghpriya Sarode, Monali
                                   Gadhave, for Respondent No.2.
                                   _________________________________________________________________

                                                                           CORAM       :   SHIVKUMAR DIGE, J.
                                                                           DATE        : 8th SEPTEMBER, 2026.
                                   P.C. :




                                   1.             For the reasons recorded separately, I pass following order.

                                                                        OPERATIVE ORDER

                                            i.          The Revision Application is allowed and disposed of.

                                            ii.         The impugned Judgment and order in Criminal Appeal

                                                        No. 284 of 2024 is quashed and set aside.

                                            iii.        The matter is remanded back to the learned Metropolitan

                                                        Magistrate, 20th Court, Mazgaon, Mumbai, for fresh

                                                        hearing by giving opportunities to both the parties.

                                            iv.         The applicant shall deposit 20% of cheque amount within

                                                                       Page 1 of 2
                                           902 & 903-REVN-355-26 (operative) .doc

S.S.Kilaje


                    one month after receipt of this order before the Appellate

                    Court.

             v.     The Appellate Court shall decide the pending appeal as

                    early as possible, preferably within six months.

             vi.    As this Court has quashed and set aside the order of

                    Appellate Court the applicant shall be released on bail on

                    furnishing cash bail of Rs.20,000/- and P.R.Bond. of

                    same amount.

             vii.   In view of disposal of Revision Application, all pending

                    applications, if any, also disposed of.



                                                 (SHIVKUMAR DIGE, J.)




                                   Page 2 of 2


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