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
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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.)
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