Sunita Sanjay Ghule v. Kalika Nagari Sahakari Path Sanstha Maryadit Through Manager Pramod Dattatraya Kand And Another
2025:BHC-AUG:22626 {1} CRI APPLN NO. 3263 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3263 OF 2025 IN REVN/262/2025 .
Sunita Sanjay Ghule Age: 53 yars, Occu.: Household, R/o. Par Galli, Maliwada, Ahmednagar.
..Applicant
Versus
1.
Kalika Nagari Sahakari Path Sanstha Maryadit, Through Manager Pramod Dattatraya Kand, Age: 60 yars, Occu.: Business, R/o. Savedi, Ahmednagar.
2.
The State of Maharashtra ..Respondents ...
Advocate for Applicant : Mr. Rajendra K. Temkar APP for Respondent no.2 : Mr.S.M.Ganachari ...
CORAM : ABHAY S. WAGHWASE, J.
DATE : 19 AUGUST, 2025 ORDER :
1.
This is an application for suspension of sentence and grant of bail as a result of conviction recorded by learned Additional Chief Judicial Magistrate, Ahmednagar in SCC No.536 of 2013 for commission of offence under Section 138 of the Negotiable Instruments Act (NI Act) and confirmed by Additional Sessions Judge, Ahmednagar.
{2} CRI APPLN NO. 3263 OF 2025 2.
Learned Counsel for the applicant submits that revision has been preferred against the order of learned trial Court wherein guilt was recorded for offence under Section 138 of the NI Act and the same came to be affirmed by the learned First Appellate Court. Learned Counsel submits that applicant is innocent and has not committed any crime. That, hearing of the criminal revision application will take a long time. That, the applicant has a good case on merits and there are chances of his success in revision. For the above reasons, he urges for suspension of sentence and grant of bail. 3.
Learned APP opposed the application and supported the judgment and orders of the learned trial Court and First Appellate Court.
4.
Considering the above submissions, the nature of proceedings, and that revision is of 2025 and it will take long time to be heard and decided, relief as prayed deserves to be granted. Accordingly, I proceed to pass following order :
{3} CRI APPLN NO. 3263 OF 2025
ORDER
(i) Criminal Application No.3263 of 2025 is allowed. (ii) The substantive sentence imposed on the applicant Sunita Sanjay Ghule by the learned Additional Chief Judicial Magistrate, Ahmednagar in SCC No.536 of 2013 on 24-01-2020 and confirmed by learned Additional Sessions Judge, Ahmednagar on 07-08-2025, stands suspended till final hearing and disposal of Criminal Revision Application No.262 of 2024.
(iii) The applicant Sunita Sanjay Ghule be released on P.R. Bond of Rs.15,000/- (Rs. Fifteen thousand only) with one solvent surety in the like amount. (iv) Bail before the trial Court.
( ABHAY S. WAGHWASE ) JUDGE SPT