Shivnath Pandharinath Salunke v. Balu Pandharinath Salunke

2025:BHC-AUG:31211

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4284 OF 2025 IN REVN/359/2025 Shivnath Pandharinath Salunke

VERSUS

Balu Pandharinath Salunke ...

Mr. A. S. Shelke, Advocate for Applicant ***

CORAM

: ABHAY S. WAGHWASE, J DATE : NOVEMBER 14, 2025 PC:

1.

Present application is for suspension of sentence and grant of bail as a result of conviction recorded by learned Judicial Magistrate First Class, Vaijapur in Summary Criminal Case No. 480/2010 and further confirmed by learned Additional Sessions Judge, Vaijapur in Criminal Appeal No. 01/2017.

2.

Learned Counsel for the Applicant submits that present Applicant has been tried for offence under Section 138 of the Negotiable Instruments Act. That, learned Judicial Magistrate First Class, Vaijapur was pleased to convict the Applicant for offence under Section 138 of the Negotiable Instruments Act. The said judgment was challenged before learned Additional Sessions Judge, Vaijapur by filing Criminal Appeal No. 01/2017, however, even learned First Appellate Court was pleased to

confirm the conviction and reject the appeal. Against which, present Revision has been filed. He submits that Applicant has been taken into custody by virtue of above order. That, during the pendency of the revision present application for bail is pressed into service. That, applicant has good case on merit in revision and has every hope in succeeding the case. According to him, there are several infirmities in the impugned judgment and order. However, as much more time would be required to hear revision, he urges to grant of bail.

3.

It seems that yet notice has not been issued to other side. However, considering the nature of proceedings and as revision is yet to be heard, relief of bail deserves to be granted. 4.

In view of above, following order:

O R D E R

A.

Criminal Application stands allowed.

B.

Subject to deposit of amount of Rs. 75,000/-, substantive sentence imposed on applicant by learned Judicial Magistrate First Class, Vaijapur in Summary Criminal Case No. 480/2010 and further confirmed by learned Additional Sessions Judge, Vaijapur in Criminal Appeal No. 01/2017, stands suspended till the final hearing and disposal of Criminal Revision Application No. 359/2025.

C.

The applicant be released on bail on P.R. Bond of Rs. 15,000/- (Rupees fifteen thousand only) with one solvent surety in the like amount.

D.

The applicant shall not commit any criminal activity. E.

Bail before trial Court.

(ABHAY S. WAGHWASE, J.)