Bhaktapralhad Godruji Shembekar v. Manda Keshaoji Ninawe

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.69 OF 2025 IN CRIMINAL REVISION APPLICATION NO.44 OF 2025 (Bhaktapralhad Godruji Shembekar Vs. Manda Keshaoji Ninawe) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. R.A. Biranware, Advocate h/f Mr. O.K. Masurke, Advocate for the appellant.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 26, 2025.

By this application, the appellant is seeking suspension of sentence and releasing him on bail. 2.

The appellant is convicted of the offence punishable under Sections section 138 of Negotiable Instrument Act and sentenced to suffer simple imprisonment for 6 months and to pay fine of Rs.7,00,000/- and in default to suffer simple imprisonment for 10 months.

3.

The revision applicant has already deposited the 25% of the compensation amount.

4.

Learned Counsel for the appellant submitted that he has many arguable points in the present revision application. However, the revision application would take its own time for its final disposal. In the meantime, if sentence is executed, the revision would become

infructuous. In view of that, he be released on bail and the execution of sentenced be suspended.

5.

I have heard learned Counsel for the appellant and perused the documents. The revision would take its own time for its final disposal. Considering the same, the application deserves to be allowed. Accordingly, I proceed to pass following order :

(i) The application is allowed.

(ii) The execution of the sentence vide order dated 05/04/2018 passed by the 24th Judicial Magistrate First Class (Special Court for 138 N.I. Act), Nagpur in SCC No.22049/2015 and Criminal Appeal No.133/2018 vide order dated 30/01/2025 passed by the Additional Sessions Judge, Nagpur is hereby suspended till final disposal of the revision application.

(iii) The appellant - Bhaktapralhad Godruji Shembekar be released on bail on executing P.R. Bond in the sum of Rs.15,000/- (Rs. Fifteen thousand) with one surety, in the like amount.

6.

The application stands disposed of.

CRIMINAL REVISION APPLICATION NO.44 OF 2025 Heard.

2.

Call for R. & P.

3.

Place the revision application before the Court after receipt of the R. & P.

(URMILA JOSHI-PHALKE, J.) *Divya