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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 4474 OF 2024

WITH

INTERIM APPLICATION NO. 4165 OF 2025

Mr.Hashim Basheer

Age: 41 years, Occupation: Business,

Residing at 939- Peeramedu, Darul,

Najad House, Peermedu, District: Idukki,

Kerala- 685531. … Petitioner.

V/s.

1. The State of Maharashtra

(Through the office of the Public

Prosecutor, Mumbai)

2. Ms.Moorsalin Sayed,

Age: Adult, Occupation: Nil.

3. Mr.Faizan Sayed s/o Sayyed Riyaz Darvesh,

Age: 26 years, Occupation: Business.

4. Mr.Sayyed Riyaz Darvesh,

Aged: 67 years, Occupation: Retired,

All residing at: 241/2, Adarsh Nagar,

SANJAY

New Link Road, Near Zuben Wines,

KASHINATH

NANOSKAR Jogeshwari (West), Mumbai- 102.

Digitally signed by

SANJAY KASHINATH

NANOSKAR

Date: 2026.01.22 _______________________________

20:35:38 +0530

Mr.Aditya Sharma with Mr.Siddharth Jaiswal i/b. Ms.Priya Maurya

for the Petitioner.

Ms.Madhavi H. Mhatre, APP for the Respondent-State.

_______________________________

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CORAM : A. S. GADKARI AND

RANJITSINHA RAJA BHONSALE , JJ.

RESERVED ON : 24^th NOVEMBER 2025.

PRONOUNCED ON : 24^th DECEMBER 2025.

P. C. :-

1) Rule.

Rule made returnable forthwith. Heard finally by consent of

parties.

2) By the present Petition, under Articles 226 and 227 of the

Constitution of India, the Petitioner seeks a direction that, the sentences

imposed upon the Petitioner by the Metropolitan Magistrate (48^th Court),

Andheri, Mumbai in C.C.No.4268/SS/2014, C.C.No.4269/SS/2014 and

C.C.No.4270/SS/2014 by separate Judgment and Orders all dated 4^th

January 2019, run concurrently. The Petitioner further prays that, he has

been in custody since 27^th September 2023, in the Sindhudurg Prison, and

he may be released on bail.

3) Respondent No. 2 is the Complainant in C.C. No. 4270/SS/2014.

Respondent No.3 is the complaint is C.C.No.4269/SS/2014. Respondent

No 4 is the complainant in C.C.No.4268/SS/2014. All the complaints were

filed, under section 138 of the Negotiable Instruments Act, 1881, before

the Metropolitan Magistrate (48^th Court), Andheri, Mumbai including

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C.C.No.4263/SS/2014. The Metropolitan Magistrate (48^th Court),

Andheri, Mumbai, by its judgment and order dated 4^th January 2019,

passed in each of the complaints, was pleased to sentence the Petitioner to

suffer simple imprisonment of 8 months and to pay within 1 month of the

order compensation to Complainant as stated therein, and in default, to

undergo simple imprisonment for 2 months.

3.1) In C.C.No.4268/2014, the sentence is of simple imprisonment of 8

months with a direction to pay compensation of Rs.15,00,000/- to the

Complainant therein within 1 month of conviction, in default, the

Petitioner has to undergo simple imprisonment for 2 months. In

C.C.No.4269/SS/2014, the sentence is of simple imprisonment of 8

months with a direction to pay compensation of Rs.14,00,000/- to the

Complainant therein within 1 month of conviction, in default, the

Petitioner has to undergo simple imprisonment for 2 months. In

C.C.No.4270/SS/2014, the sentence is of simple imprisonment of 8

months with a direction to pay compensation of Rs.4,50,000/- to the

Complainant therein within 1 month of conviction, in default, Petitioner

has to undergo simple imprisonment for 2 months. Mr.Arslan Sayed had

filed C.C.No.4263/SS/2014 before the Metorpolitan Magistrate (48^th

Court), Andheri, Mumbai, wherein learned Court by its Judgment and

Order dated 4^th June 2019 has sentenced the Petitioner to undergo simple

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imprisonment for 8 months with a direction to pay compensation of

Rs.6,50,000/- to the Complainant therein within 1 month of the

conviction. In default, the Petitioner has to undergo simple impris