Satyajit Amarchand Bagade v. Vinod Onkarrao Gajbhiye

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.119 OF 2025 IN CRIMINAL REVISION APPLICATION NO.86 OF 2025 (Satyajit s/o Amarchand Bagade Vs. Vinod s/o Onkarrao Gajbhiye) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.J. Dubey, Advocate for the applicant.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MAY 9, 2025.

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

The applicant is convicted by the Judicial Magistrate First Class, Court No.6, Amravati in S.C.C. No.226/2015 dated 15/11/2022 for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to suffer Simple Imprisonment for one year and to pay compensation of Rs.7,00,000/-.

3.

Learned Counsel for the applicant submitted that he has deposited the amount of Rs.1,40,000/-. The above said judgment and order of conviction is confirmed by the Additional Sessions Judge and Adhoc District Judge-1, Amravati in Criminal Appeal No.233/2022 dated 07/05/2025.

4.

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

5.

Considering the submissions made and as the applicant has already deposited 20% of the compensation amount, there are no chances of disposal of the appeal in a near future. In view of that, the execution of the sentence be suspended and the applicant be released on bail. Accordingly, I proceed to pass the following order: (i) The application is allowed.

(ii) The execution of the sentence passed by the Judicial Magistrate First Class, Court No.6, Amravati in S.C.C. No.226/2015 dated 15/11/2022 and confirmed by the Additional Sessions Judge and Adhoc District Judge-1, Amravati in Criminal Appeal No.233/2022 dated 07/05/2025 is hereby suspended till final disposal of the revision.

(iii) The applicant - Satyajit s/o Amarchand Bagade be released on bail on executing P.R.

Bond in the sum of Rs.15,000/- with one

surety, in the like amount.

6.

The application stands disposed of.

CRIMINAL REVISION APPLICATION NO.86 OF 2025 Heard.

2.

ADMIT.

3.

Issue notice to the non-applicant.

4.

Call for R. & P.

5.

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

(URMILA JOSHI-PHALKE, J.) *Divya